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Dermapen, LLC v. 4Everyoung Ltd.

United States District Court, D. Utah, Central Division

June 8, 2018

DERMAPEN, LLC, Plaintiff,
v.
4EVERYOUNG LIMITED, DERMAPEN WORLD, BIOSOFT, EQUIPMED INTERNATIONAL, STENE MARSHALL, et al., Defendants.

          MEMORANDUM DECISION AND ORDER DENYING MOTION TO ENFORCE PERMANENT INJUNCTION

          DAVID NUFFER DISTRICT JUDGE.

         Plaintiff Dermapen, LLC filed its Ex Parte and Emergency Motion to Enforce Permanent Injunction; Issuance of AO451 (“Motion”)[1] asking for “a Certification of Judgment on the Injunction to allow Plaintiff to certify the Injunction in the United States District Court, District of Nevada and other jurisdictions to which Defendants continue to act and prevent Defendants from continuing to act in violation of this Court's Permanent Injunction.”[2]

         The following facts are alleged in Plaintiff's Motion.[3]

2. On May [8], 2017, this Court issued its Final Order and Permanent Injunction [(“Final Judgment”)] in favor of Plaintiff and against Defendants. (See Docket No. 104[3]).
3. On June 7, 2017, Defendant Stene Marshall filed a Notice of Appeal with the 10th Circuit Court of Appeals appealing the [Final Judgment]. (See Docket No. 1051).
4. Defendant Stene Marshall filed the appeal pro se and no other Defendant filed any appeal on the [Final Judgment].
5. On June 5, 2018, the 10th Circuit affirmed this Court's [Final Judgment] by written decision.
***
16. No. other Defendant, other than Stene Marshall filing pro se, applied for appeal on the [Final Judgment] . . . .[4]

         Plaintiff's Motion also correctly notes that “no order has been issued by this Court effectively staying the enforcement of the permanent injunction . . . .”[5]

Rule 62(a)(1) states in pertinent part:
[U]nless the court orders otherwise, the following are not stayed after being entered, even after an appeal is taken:
(1) . . . [a] final judgment in an action for an injunction . . . .[6]
But this does not resolve whether a Certificate of Judgment may ...

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