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| IN THE UNITED STATES DISTRICT COURT |
FOR THE SOUTHERN DISTRICT OF NEW YORK
JOINT MOTION OF THE UNITED STATES AND ROLEX WATCH U.S.A., INC. TO
ENTER ORDER TERMINATING FINAL JUDGMENT
United States of America ("United States") and Defendant Rolex Watch U.S.A., Inc. ("Rolex"), successor-in-interest to Defendant The American Rolex Watch Corporation, move this Court to enter an Order terminating the Final Judgment entered by this Court on March 9, 1960 in the above-captioned matter ("Final Judgment"), and in support of this motion, state as follows:
1. On February 28, 2006, Rolex moved to terminate the Final Judgment.
2. On February 28, 2006, the United States moved to establish procedures to terminate the Final Judgment.
3. The United States tentatively agreed to the termination of the Final Judgment subject to the following conditions:
5. Rolex published a notice of the proposed termination in The Wall Street Journal on April 6 and 7, 2006, and in the April 2006 issues of Modern Jeweler and Professional Jeweler, which were released for distribution on April 6 and 13, 2006, respectively. Copies of proofs of publication from The Wall Street Journal, Modern Jeweler, and Professional Jeweler are attached to this joint motion as Exhibits A, B, and C , respectively.
6. On March 30, 2006, the United States published in the Federal Register a notice announcing the motion of Rolex to terminate the Final Judgment and the United States' tentative consent to it, summarizing the Complaint and Final Judgment, describing the procedures for inspection and obtaining copies of relevant papers, and inviting the submission of comments. A copy of this Federal Register notice is attached to this joint motion as Exhibit D.
7. The 60-day comment period commenced on April 13, 2006 and terminated on June 12, 2006.
8. The United States received 148 comments within the 60-day comment period and filed its response to these comments, along with copies of comments received, with the Court on January 12, 2007. While the United States has carefully considered the statements made in the comments, for the reasons articulated in the Response of United States to Public Comments, the United States remains convinced that termination of the Final Judgment is in the public interest.
9. As of the date of this motion, all of the foregoing conditions have been fulfilled and termination of the Final Judgment under the procedures established by this Court is timely as of January 12, 2007.
1. The proposed order attached to this motion is the same order attached as Exhibit C to the Stipulation filed with this Court on February 28, 2006.