Polo Ralph Lauren Corp. v. Persons Unknown, docket T-2360-92

Date: 20000927

Docket: T-2360-92

Ottawa, Ontario, this 27^th day of September 2000

PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

     POLO RALPH LAUREN CORPORATION,

MODES ALTO-REGAL INC.,

POLO RALPH LAUREN, L.P., and

THE POLO/LAUREN COMPANY, L.P.

Plaintiffs

and

JOHN DOE and JANE DOE and OTHER PERSONS UNKNOWN TO THE PLAINTIFFS WHO OFFER FOR SALE, SELL, IMPORT, MANUFACTURE, ADVERTISE, OR DEAL IN COUNTERFEIT POLO RALPH LAUREN APPAREL AND THOSE PERSONS LISTED IN APPENDIX A HEREIN

Defendants

REASONS FOR ORDER AND ORDER

[1]      In response to an order requesting the names of the parties who have been served with a rolling Anton Piller Order against whom the plaintiffs wish to proceed, counsel has provided an application for default judgment against all but one of the defendants against whom a final order has been granted.

[2]      Counsel also requests that this action not be dismissed as it has a current Anton Piller Order under which enforcement activity continues to take place. On the material before me, there are 208 defendants on this file.

[3]      With respect to the default judgments, I am prepared to grant them subject to a reduction in the amount of costs claimed. Following the rationale, in Oakley Inc. v. Jane Doe, [2000] F.C.J. No. 1388, except as provided below, costs of execution will be as assessed by the Judge hearing the motion and costs of the default judgment will be assessed at $300.

[4]      Judgment will be issued in accordance with these reasons.

[5]      With respect to the dismissal of the action, it cannot be dismissed so long as there is a defendant against whom the plaintiffs wish to proceed in a timely manner. In this case, the defendant, Michal Bouganim, has defended, agreed to execute a consent judgment but has not done so. The plaintiffs intend to proceed by application for summary judgment. Proceedings against all other defendants have proceeded to a final order.

[6]      There will be an order that the plaintiffs shall bring its summary judgment application within 90 days of the date of this order failing which the claim against Michal Bouganim shall be dismissed without further notice to the plaintiffs.

[7]      With respect to further proceedings under the Statement of Claim, the presence of 208 defendants on the same file makes it difficult to track and locate documents relating to specific defendants. It is preferable for claims which go into status review to be wound up and a new Statement of Claim issued. To that end, there will be an order that no defendants will be added to the Statement of Claim unless leave has been granted by the Case Management Judge, such leave to be obtained prior to the execution of the Anton Piller Order.

ORDER

     Whereas this matter has been ordered continued as a specially managed proceeding; and

     Whereas the claim against Michal Bouganim remains outstanding due to his having filed a Statement of Defence; and

     Whereas all other claims have proceeded to a final order;

     Now therefore it is hereby ordered that:

1-      The plaintiffs shall serve and file its application for summary judgment within 90 days of the date of this order.

2-      No further defendants may be added to this claim without leave of the Case Management Judge, such leave to be obtained before execution of any order upon the proposed defendant.

     "J.D. Denis Pelletier"

     Judge

Court File No. T-2360-90

SCHEDULE "B"

POLO RALPH LAUREN CORPORATION ET AL. V. JOHN DOE et al.

TABLE OF DEFENDANTS

(As at July 31, 2000)

No.	Defendant Name	Date Served with Statement of Claim	Date of Review Order	Costs Award on Execution	Costs Award on Default	Total Costs Sought on Default
191	Ms. Dau Chau aka Lisa Chau	February 6, 1999	February 24, 1999	$1,250.00	$300.00	$1,550.00
192	Mr. Yong Si Liu	February 6, 1999	February 24, 1999	$1,250.00	$300.00	$1,550.00
193	Ms. Luong Que Vu	February 6, 1999	February 24, 1999	$1,250.00	$300.00	$1,550.00
195	Manjeet Kaur	February 13, 1999	February 22, 1999	$1,250.00	$300.00	$1,550.00
196	1052148 Ontario Inc. c.o.b. Classic G. Tough	February 13, 1999	February 22, 1999	$1,250.00	$300.00	$1,550.00
197	Niyae Sarup Sharda	February 13, 1999	February 22, 1999	$1,250.00	$300.00	$1,550.00
198	1025444 Ontario Ltd. c.o.b. Sport Embroidery	April 25, 1999	May 3, 1999	$1,250.00	$300.00	$1,550.00
199	Nton Tackie	April 25, 1999	May 3, 1999	$1,250.00	$300.00	$1,550.00
200	Nguyen Anh lan	April 25, 1999	May 3, 1999	$1,250.00	$300.00	$1,550.00
No.	Defendant Name	Date Served with Statement of Claim	Date of Review Order	Costs Award on Execution	Costs Award on Default	Total Costs Sought on Default
201	Lee Chan	April 25, 1999	May 3, 1999	$1,250.00	$300.00	$1,550.00
204	Hahn Nguyen	May 14, 2000	May 29, 2000	$300.00	$300.00	$600.00
205	Shan Sportswear	May 14, 2000	May 29, 2000	$300.00	$300.00	$600.00
206	Mohammad Fazil	May 14, 2000	May 29, 2000	$300.00	$300.00	$600.00
207	DL & Co Better Clothing	May 14, 2000	May 29, 2000	$300.00	$300.00	$600.00
208	Chandhal Luthra	May 14, 2000	May 29, 2000	$300.00	$300.00	$600.00