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Play N Trade Franchise, Inc., A Nevada Corporation v. Pablo Torres

April 22, 2011

PLAY N TRADE FRANCHISE, INC., A NEVADA CORPORATION, PLAINTIFF,
v.
PABLO TORRES, AN INDIVIDUAL; TORRES RAMIREZ, INC., A CORPORATION; AND DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Jacqueline H. Nguyen

JS-6

[PROPOSED] ORDER

Plaintiff PLAY N TRADE FRANCHISE, INC. ("PNT") commenced this action by filing the Complaint and serving Defendants PABLO TORRES and TORRES RAMIREZ, INC. (collectively referred to herein as "Defendants") with the Summons and Complaint. The parties whose names appear hereafter, have agreed to settle this action without adjudication of any issue of fact or law, and without admitting to any contested issues of fact or to liability for any of the violations alleged in the Complaint.

THEREFORE, on the joint stipulation of PNT and Defendants, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

FINDINGS

1. This United States District Court has subject matter jurisdiction over the federal

trademark and unfair competition claims pursuant to 15 U.S.C. Section 1121 (Lanham Act),

28 U.S.C. Section 1331 (federal question) and 28 U.S.C. Section 1338(a) (trademark violations). This Court also has supplemental jurisdiction over PNT's related state law claims pursuant to 28 U.S.C. Section 1367.

STIPULATED JUDGMENT AND ORDER

2. This Court has personal jurisdiction over Defendants because they had sufficient continuous and systematic minimum contacts with California that they foresaw the possibility of being sued in this state, including but not limited to, entering into the contract which is the subject matter of this dispute and provides for jurisdiction in Orange County, California.

3. The United States District Court for the Central District of California is the proper venue for the trial of this action as to Defendants because the Unit Franchise Agreement specifically provides that this Court is the proper venue for any action arising under the parties' agreement.

4. Defendants have entered into this Stipulated Judgment and Order ("Order") freely and without coercion. Defendants further acknowledge that they have read the provisions of this Order and are prepared to abide by them.

5. PNT and Defendants hereby waive all rights to appeal or otherwise challenge or contest ...


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