The Maher Law Firm, P.A. v. Daniel J. Newlin, P.A.

• Court: District Court, M.D. Florida
• Decided: January 28, 2020
• Docket: 6:19-cv-00407
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

THE MAHER LAW FIRM, P.A.,

Plaintiff,

v. Case No. 6:19-cv-407-Orl-37EJK

DANIEL J. NEWLIN, P.A.,

Defendant. _____________________________________

ORDER Plaintiff sued Defendant for declaratory relief, arguing Plaintiff’s Google Ads did not infringe on Defendant’s intellectual property rights. (Doc. 6.) The parties now seek approval and entry of a proposed consent decree. (Doc. 35; Doc. 35-3 (“Proposed Decree”).) A consent decree, although predicated on the agreement of the parties, is a judgment that requires a court to determine whether the settlement is “fair, adequate[,] and reasonable.” United States v. City of Miami, 664 F.2d 435, 439, 441 (5th Cir. 1981) (en banc) (citation omitted).1 “Though the decision to approve or reject a consent decree is left to a district court’s discretion, . . . the court must exercise its judgment deferentially.” United States v. Bay Area Battery, 895 F. Supp. 1524, 1528 (N.D. Fla. 1995) (citation omitted).

1 Although City of Miami was decided after September 30, 1981, it is “binding precedent for the Eleventh circuit because it was decided by the full en banc court of the former Fifth Circuit.” Stovall v. City of Cocoa, Fla., 117 F.3d 1238, 1243 n.4 (11th Cir. 1997) (citing Stein v. Reynolds Sec., Inc., 667 F.2d 33, 34 (11th Cir. 1982)). Under the Proposed Decree, the parties agree Plaintiff's purchase through Google Ads of specified generic terms (Doc. 6-5), and the content of Plaintiff's internet advertisement (Doc. 35-3, p. 5), both copied below, do not infringe on Defendant's intellectual property rights. (Doc. 35-3, 41.) Case 6:19-cv-00407-RBD-EJK Document 6-5 Filed 03/14/19 Page 2 of 2 PagelD 67

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Case 6:19-cv-00407-RBD-EJK Document 35-3 Filed 01/23/20 Page 5 of 5 PagelD 247

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The parties agree Plaintiff is entitled to costs under Federal Rule of Civil Procedure 54(d)(1), in an amount agreed upon between the parties, and each party will bear their

own attorneys’ fees. (Doc. 35-3, { 2.) The parties request the Court close the case and retain jurisdiction to enforce the consent decree. (Doc. 35-3.) On review, the Court finds the Proposed Decree is fair, adequate, and reasonable but the Court declines to retain jurisdiction. See City of Miami, 664 F.2d at 439, 441. So, the Court will grant the Motion in part, and approve and enter the Proposed Decree.

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Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The parties Joint Stipulation and Request for Final Judgment Upon Consent (Doc. 35) is GRANTED IN PART. a. The Court APPROVES AND ADOPTS the Proposed Decree (Doc. 35-3) as an Order of the Court but DECLINES to retain jurisdiction. 2. The Clerk is DIRECTED to close the case. DONE AND ORDERED in Chambers in Orlando, Florida, on January 27, 2020.

wy. ROY B. DALTON JR! United States District Judge

Copies to: Counsel of Record

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