IN THE UNITED STATES DISTRICT COURT|
FOR THE SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
ROLEX WATCH U.S.A., INC.,
| Supplemental to
Civil Action No. 96-170
Date: February 28, 2006
Civil Part I Judge
STIPULATION FOR ENTRY OF SETTLEMENT AGREEMENT AND ORDER
WHEREAS Plaintiff United States of America filed a Petition for an Order to Show
Cause Why Defendant Rolex Watch U.S.A., Inc. Should Not Be Found in Civil Contempt
("Petition to Show Cause") on February 28, 2006;
AND WHEREAS the United States and Rolex Watch U.S.A., Inc. ("Rolex") have agreed
upon a resolution of this matter without any admission or determination of wrongdoing by Rolex
and without any findings or adjudication with respect to any issue of fact or law;
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties
- This Court has jurisdiction over the subject matter of this action and each of the
parties to this action.
- The proposed Settlement Agreement and Order in the form attached may be
entered by the Court on the Court's own motion or the motion of the United States
at any time, and without further notice to any party or any proceeding.
- From the signing of this Stipulation, Rolex shall be bound by and comply with the
terms of the proposed Settlement Agreement and Order as though they were in
full force and effect as an order of the court.
- The parties' execution of this Stipulation and entry of the proposed Settlement
Agreement and Order discharges and settles any and all claims of the United
States against Rolex arising out of the violations of Paragraphs VI.C and VI.H of
the Final Judgment entered by this court on March 9, 1960, in United States v.
The Watchmakers of Switzerland Information Center, Inc., Trade Reg. Rep.
(CCH) ¶ 69,655 (S.D.N.Y. Mar. 9, 1960) ("Final Judgment"), from March 9, 1960
to the date of this Stipulation, as alleged in the Petition to Show Cause.
- Neither this Stipulation nor the proposed Settlement Agreement and Order shall
be construed to preclude the United States from bringing an action against Rolex
for any violation(s) of the Final Judgment other than the alleged violations
described in Paragraph 4 above.
Dated: February 28, 2006
ROLEX WATCH U.S.A., INC.
STEPHEN F. RUFFINO (SF, 8500)
Gibney Anthony & Flaherty, LLP
665 Fifth Avenue
New York, NY 10022-5305
Telephone: (212) 705-9857
Facsimile: (212) 688-8315
UNITED STATES OF AMERICA
MICHAEL G. DASHEFSKY (MD, 6191)
U.S. Department of Justice
325 7th Street, N.W., Suite 300
Washington, D.C. 20530
Telephone: (202) 353-3062
Facsimile: (202) 514-1517