govinfo:USCOURTS-kywd-3_25-cv-00029-1

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF KENTUCKY 
LOUISVILLE DIVISION 
 
GS HOLISTIC, L.L.C.,  
 
 Plaintiff, 
 
v. 
 
MAA KHODIYAR, INC., et al.,  
 
Defendant. 
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Civil Action No. 3:25-CV-029-CHB-CHL 
 
 
ORDER ADOPTING MAGISTRATE 
JUDGE’S REPORT AND 
RECOMMENDATION 
 
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  This matter is before the Court on the Report and Recommendation (“Recommendation”) 
filed by United States Magistrate Judge Colin H. Lindsay, [R. 22]. The Recommendation addresses 
Plaintiff’s Motion for Default Final Judgment Against Both Defendants, [R. 17]. The Magistrate 
Judge previously ordered Plaintiff to supplement its motion with legal arguments and factual proof 
that service upon Defendant MAA Khodiyar Inc. d/b/a Eagle Smoke Shop (“Eagle Smoke Shop”) 
has been properly accomplished. [R. 21]. Plaintiff failed to supplement his motion as ordered. As 
such, the Magistrate Judge recommends that the motion be denied to the extent Plaintiff seeks a 
default judgment against Defendant Eagle Smoke Shop, but granted to the extent Plaintiff seeks a 
default judgment against Defendant Vishnubhai Patel.  [R. 22, pp. 19–20]. The Magistrate Judge 
also recommends that Plaintiff’s claims against Eagle Smoke Shop be dismissed without prejudice 
due to Plaintiff’s failure to properly and timely serve Eagle Smoke Shop pursuant to Federal Rule 
of Civil Procedure 4. Id. at 19. The Magistrate Judge expressly warned Plaintiff that its failure to 
file objections, “including objections requesting an extension of the time for service based upon a 
showing of good cause [] is likely to result in dismissal of  its claims against” Defendant  Eagle 
Smoke Shop. Id. at 8, 19 n.6.  
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 The Magistrate Judge’s Recommendation advised the parties that any objections must be 
filed with fourteen days. Id. The time to file objections has passed, and neither party has filed any 
objections to the Recommendation nor sought an extension of time to do so. 
 Generally, this Court must make a de novo determination of those portions of the 
Recommendation to which objections are made. 28 U.S.C. § 636(b)(1). When no objections are 
made, this Court is not required to “review . . . a magistrate’s factual or legal conclusions, under a 
de novo or any other standard.” See Thomas v. Arn, 474 U.S. 140, 151 (1985). Parties who fail to 
object to a Magistrate Judge’s recommended disposition are also barred from appealing a district 
court’s order adopting that recommended di sposition. United States v. White , 874 F.3d 490, 495 
(6th Cir. 2017); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). Nevertheless, this 
Court has examined the record and agrees with the Magistrate Judge’s Recommendation. 
Accordingly, the Court being otherwise sufficiently advised,  
 IT IS HEREBY ORDERED as follows: 
1. The Magistrate Judge’s Report and Recommendation, [R. 22], is ADOPTED as the 
opinion of this Court.  
2. Plaintiff’s Motion for Default Final Judgment Against Both Defendants, [R. 17], is 
GRANTED IN PART and DENIED IN PART 
a. The motion is GRANTED to the extent Plaintiff seeks a default judgment against 
Defendant Vishnubhai Patel.  
b. The motion is DENIED to the extent Plaintiff seeks a default judgment against 
Defendant MAA Khodiyar Inc. d/b/a Eagle Smoke Shop.  
c. The motion is DENIED to the extent Plaintiff seeks an order for destruction of 
the infringing products pursuant to 15 U.S.C. § 1118. 
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3. Plaintiff is AWARDED the following damages:  
a. $20,000.00 in statutory damages 
b. $927.00 in costs 
4. Defendant Vishnubhai Patel is PERMANENTLY ENJOINED from infringing upon G.S. 
registered trademarks Nos. 6,633,884; 6,174,292; 6,174,291; and 7,028,399, including but 
not limited to:  import, export, making, manufacture, reproduction, assembly, use, 
acquisition, purchase, offer, sale, transfer, brokerage, consignment, distribution, storage, 
shipment, licensing development, display, delivery, marketing advertising or promotion of 
the counterfeit Stündenglass product identified in the complaint and any other unauthorized 
Stündenglass product, counterfeit, copy or colorful imitation thereof.  
5. Plaintiff’s claims against Defendant MAA Khodiyar Inc. d/b/a Eagle Smoke Shop are 
DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 4(m). 
6. All claims having been resolved in this case, this matter is DISMISSED, all dates and 
deadlines are hereby VACATED, and this matter is STRICKEN from the Court’s active 
docket. 
7. A separate judgment will follow. 
 This the 9th day of February, 2026.  
  
 
 
 
 
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