Case 6:14-cv-01872-GAP-KRS Document 40 Filed 11/13/15 Page 1 of 3 PageID 280

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
WAWA, INC. and WILD GOOSE
HOLDING CO., INC.,
Plaintiffs,
v.

Case No: 6:14-cv-1872-Orl-31KRS

SHAYONA KRUPA, LLC,

Defendant.

ORDER OF CONTEMPT AND IMPOSITION OF SANCTIONS

This matter is before the Court on the Motion for an order of civil contempt against
defendant (Doc. 28) filed by Wawa, Inc. (Wawa) and Wild Goose Holding Company, Inc.
(Wild Goose) (collectively, Plaintiffs). On October 22, 2015, this Court issued an Order to
Show Cause (Doc. 31) requiring Defendant, Shayona Krupa, LLC and its managing member,
Rakeshkumar (Yogi) Patel to appear before the Court at 9:00 a.m. on November 10, 2015 to
show cause why they should not be held in civil contempt and sanctioned for their failure and
refusal to comply with this Courts Order dated March 23, 2915 (Consent Decree) (Doc. 25).
At the appointed time, counsel for Defendant appeared before Magistrate Judge Spaulding
without his client. It appears from a transcript of that hearing (Doc. 37), and other pleadings on
file that Defendant and its managing member have made a conscious decision not to communicate
with their counsel or comply with the Consent Decree. Accordingly, it is
ORDERED that Shayona Krupa, LLC and its managing member, Rakeshkumar (Yogi)
Patel, are hereby held in civil contempt for failure to comply with the March 23, 2015 Consent
Decree.

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It is further ORDERED that as a sanction for their contempt, Plaintiffs counsel is

awarded a fee of $5,000.00 against the Defendant, and the Clerk shall enter judgment accordingly.
It is further ORDERED that, in order to induce compliance, a fine of $100.00 is imposed
upon Defendant for each day hereafter that it remains in contempt. Defendant may purge its
contempt by a satisfactory showing that it has:
1. Ceased using WAWA, WAVA or any confusingly similar designation alone or in
combination with other words, phrases, symbols, or designs, as a trademark, service mark, trade
name, domain name component, or otherwise to market, advertise, or identify Defendants
commercial activities, goods, or services.
2. Destroyed and/or delivered up to Wawa for destruction or other disposition, all signage,
literature, advertising, menus, and other materials, in its possession, custody, or control, bearing
the designations WAVA, WAWA, WAWA CURRY, WAWA CURRY TASTE OF INDIA,
and/or WAWACURRYTASTEOFINDIA.COM; and
3. Transferred the registration of the domain name AWACURRYTASTEOFINDIA.COM
to Wawa.
In the event Defendant fails to comply with the Consent Decree by December 1, 2015, the
Court will consider the imposition of further sanctions, including the incarceration of Defendants
managing member.
The United States Marshal is directed to serve this Order on Defendants Resident Agent
and managing member, Rakeshkumar (Yogi) Patel, at 2901 Parkway Boulevard, Celebration,
Florida 34747 or at such other location as he may be found.

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DONE and ORDERED in Chambers, Orlando, Florida on November 13, 2015.

Copies furnished to:

Counsel of Record
Unrepresented Party

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