Case 1:24-cv-00082-JJM-LDA

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UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLANDNINTENDO OF AMERICA INC.,
Plaintiff,

NO. 1:24-cv-00082-JJM-LDAv.
TROPIC HAZE LLC,Defendant.
JOINT MOTION FOR ENTRY OF
FINAL JUDGMENT AND PERMANENT INJUNCTION
Plaintiff Nintendo of America Inc. (“Plaintiff” or “Nintendo”) and Tropic Haze LLC(“Defendant” or “Tropic Haze”), by and through their undersigned counsel, hereby consent tojudgment in favor of Nintendo, and jointly move the Court to enter monetary relief in the sum of
US$2,400,000.00 in favor of Nintendo and against Defendant. Tropic Haze and Nintendo also
jointly move the Court to enter the Final Judgment and Permanent Injunction, filed
contemporaneously herewith as Exhibit A, and pursuant to the following terms:
1.

The Defendant acknowledges that it has been properly and validly served with theSummons and Complaint in this action.
2.

Defendant and its members acknowledge and agree that the award of monetary

relief here bears a reasonable relationship to the range of damages and attorneys’ fees and fullcosts that the parties could have anticipated would be awarded at and following a trial of thisaction.
3.

Defendant and its members acknowledge and agree that the findings of fact set forthin the Final Judgment and Permanent Injunction are true and accurate.

4858-1526-3135.1

Case 1:24-cv-00082-JJM-LDA

4.

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Defendant and its members irrevocably and fully waive notice and service of theFinal Judgment and Permanent Injunction, once issued by this Court, and understand and agree
that violation of the Final Judgment and Permanent Injunction will expose the Defendant and its
members to all penalties provided by law, including for contempt of Court.
5.

This Court has jurisdiction over the parties and the subject matter of this action, andvenue is proper in this Court. Defendant and its members consent that this Court has jurisdiction
for the purpose of entering the Final Judgment and Permanent Injunction. Defendant and its
members consent to the continuing jurisdiction of this Court for purposes of enforcement of theFinal Judgment and Permanent Injunction, and irrevocably and fully waive and relinquish anyargument that venue or jurisdiction by this Court is improper or inconvenient.
6.

Defendant and its members irrevocably and fully waive any and all right to appeal

the Final Judgment and Permanent Injunction, to have it vacated or set aside, or otherwise to attackin any way, directly or collaterally, its validity or enforceability.
7.

Defendant and its members further consent to be bound by the terms of the Final

Judgment and Permanent Injunction worldwide, regardless of the territorial scope of the specificintellectual property rights enumerated in the Complaint of the above-captioned case. Defendantand its members agree that the Final Judgment and Permanent Injunction may be enforced either
in this Court or wherever Defendant, its members, its assets, or its members’ assets may be found,and hereby waives any objection to personal jurisdiction or venue in any enforcement action filed
by Plaintiff against Defendant or its members in a court with territorial authority over Defendantor its members’ then-place of residence. Defendant and its members acknowledge and agree that
the Final Judgment and Permanent Injunction was not obtained by fraud, nor is it invalid as against

Case 1:24-cv-00082-JJM-LDA

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public policy or lack of natural justice, and hereby waive any equitable argument against itsenforcement.
8.

The Defendant and its members acknowledge that they have read this Joint Motion

for Entry of Final Judgment and Permanent Injunction, as well as the Final Judgment andPermanent Injunction attached as Exhibit A, have had those documents explained by counsel ofthis choosing, and fully understand them and agree to be bound thereby, and will not deny the truthor accuracy of any term or provision herein.
9.

The Plaintiff shall not be required to post any bond or security, and the Defendantand its members permanently, irrevocably, and fully waive any right to request a bond or any othersecurity.
10.

The undersigned counsel represent that they have been authorized to sign and file

this Joint Motion for Entry of Final Judgment and Permanent Injunction on behalf of theirrespective clients as set forth below.

[SIGNATURE BLOCK ON FOLLOWING PAGE.]

Case 1:24-cv-00082-JJM-LDA

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Dated: March 4, 2024
ADLER POLLOCK & SHEEHAN P.C.

PIERCE ATWOOD LLP/s/ Nicole J. BenjaminNicole J. Benjamin (#7540)
One Citizens Plaza, 8th Floor
Providence, RI 02903
Tel: (401) 427-6212
Fax: (401) 751-0604
nbenjamin@apslaw.com/s/ Michael J. Daly
Michael J. Daly, Esq. (#6729)
PIERCE ATWOOD LLP
One Citizens Plaza, 10th Floor
Providence, RI 02903(401) 490-3424(401) 588-5166 (fax)mdaly@pierceatwood.com

JENNER & BLOCK LLP

DYKEMA GOSSETT PLLC

Jennifer Fraser, Esq.
Alison I. Stein (Pro Hac Vice Forthcoming)
Cayman C. Mitchell (Pro Hac Vice Forthcoming) (pro hac vice motion forthcoming)
1301 K Street N.W. Suite 1100 West1155 Avenue of the Americas
Washington, D.C. 20005
New York, NY 10036
Telephone (202) 906-8712
Telephone: (212) 891-1600
Facsimile: (212) 891-1699
Michael J. Word, Esq.
astein@jenner.com(pro hac vice motion forthcoming)
cmitchell@jenner.com
10 South Wacker Drive, Suite 2300
Chicago, IL 60606
Telephone (312) 627-2263
Attorneys for Plaintiff Nintendo of America Inc.
Attorneys for Defendant Tropic Haze LLC