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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
NAV-AIDS LTD., a Quebec corporation,
Plaintiff-counterdefendant,
NAV-AIDS USA, INC., an Illinois corporation,
Defendant-counterplaintiff.
Case No. 01 C 0051
Chief Judge Aspen
Magistrate Judge Rosemond
ORDER
This matter coming to be heard on this Court's October 24, 2001 Memorandum Opinion and Order granting
Plaintiff-counterdefendant Nav-Aids, Ltd.'s ("LTD") Motion for Partial Summary Judgment and the Entry of a Preliminary Injunction against
defendant-counterplaintiff Nay-Aids USA, Inc. ("USA") and on the parties' stipulation to dismiss pursuant to a Settlement Agreement and Release (the "Settlement Agreement"), due notice having been given and this Court being fully advised in the premises;
IT IS HEREBY ORDERED:
1. The October 24, 2001 entry of summary judgment on Count I in favor of LTD and against USA, whereby USA was ordered to pay damages in the amount of $206,181.40 plus prejudgment interest at the prime rate from the due dates of the invoices, shall be and hereby is adjudicated to be a final judgment in the amount of $217,701.44.
2. The Court finds that there is no just reason for delay in certifying the entry of summary judgment on Count I as a final judgment.
3. The October 24, 2001 entry of a preliminary injunction in favor of LTD and against USA shall be and hereby is adjudicated to be a permanent injunction, permanently enjoining USA from: (i) using an identical product designation system to that of LTD; (ii) misrepresenting in any way that products, goods, and services not approved or authorized by LTD are approved and authorized by LTD; and (iii) using the "nav-aidsltd.com" and "navaidsltd.com" domain names, which USA is further hereby ordered to transfer to LTD.
4. LTD's Motion For Entry of Judgment Pursuant to Fed.R.Civ.P. 54(b) and Motion For Rule to Show Cause are withdrawn without prejudice.
5. All remaining claims raised in LTD's Complaint and in USA's Counterclaim are hereby dismissed with prejudice, pursuant to and subject to the parties' Settlement Agreement.
6. This court retains jurisdiction to enforce the terms of this Order and the terms of the Settlement Agreement.
Marvin E. Aspen
United States District Judge
Dated: 11/30/01
561924.vl
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