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Glaxosmithkline LLC v. United Treatment Centers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 24, 2013

GLAXOSMITHKLINE LLC PLAINTIFF,
v.
UNITED TREATMENT CENTERS, INC., TODD SPINNELLI, AND FRANK OTTAVIANI DEFENDANTS.

The opinion of the court was delivered by: Roslynn R. Mauskopf, United States District Judge.

ORDER

Plaintiff GlaxoSmithKline LLC ("GSK") settled this trademark infringement action with defendants United Treatment Centers, Inc., Todd Spinnelli, and Frank Ottaviani on April 6, 2011. Pursuant to the terms of the settlement agreement, this Court maintains jurisdiction over the settlement agreement to enforce any violations thereof. (See Final Judgment and Permanent Injunction on Consent (Doc. No. 30) at ¶ 19.) Presently before the Court is GSK's request for a hearing to "address Defendants' breach of and outstanding obligations under the Settlement Agreement and the April 7, 2011[sic] Judgment and Order." (Doc. No. 37 at 2.)

The Court DENIES GSK's request for a hearing because it is not made pursuant to any formal mechanism to enforce the terms of the settlement agreement. In other words, requesting a hearing to address the defendants' breach is not the proper means to ask the Court to enforce the settlement agreement. See Fed. R. Civ. P. 69.

GSK shall mail a copy of this Order to each defendant*fn1 and file a letter with the Court confirming such mailing.

SO ORDERED.

ROSLYNN R. MAUSKOPF United States District Judge


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