January 5, 2015 |
Filing
259
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs / Counterclaim Defendants motion to to permit registration, pursuant to 28 U.S.C. § 1963, of the judgment entered on May 16, 2014, in the United States District Court for the District of New Jersey is GRANTED. (Doc. No. 257.) Signed by District Judge Audrey G. Fleissig on 1/5/15. (JWJ)
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May 16, 2014 |
Filing
242
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants motion to strike Plaintiffs Supplemental submission requested by the Court is DENIED. (Doc. No. 240.)IT IS HEREBY ORDERED that Plaintiffs motion for attorneys fees, costs, and expenses is GRAN TED in the amount of $757,573.96, for which all Defendants are jointly and severally liable to Plaintiffs. (Doc. No. 213.)All claims against all parties having been resolved, a separate final Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 5/16/14. (JWJ)
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December 31, 2013 |
Filing
230
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motion for judgment is DENIED. (Doc. No. 191.) IT IS FURTHER ORDERED that declaratory judgment is entered on behalf of Plaintiffs on all claims and counterclaims. IT IS FURTHER ORDERED t hat Plaintiffs motion to exclude the testimony of Defendants' damages expert is denied as moot. (Doc. No. 149.) The amount of attorney's fees to be awarded to Plaintiff will be determined by separate Order at which point a final Judgment will be entered in the case. Signed by District Judge Audrey G. Fleissig on 12/31/2013. (NCL)
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August 12, 2013 |
Filing
178
MEMORANDUM AND ORDER - This matter is before the Court on a Plaintiffs' "Supplemental Memorandum" (Doc. No. 177) filed in response to the Court's Memorandum and Order dated July 16, 2013. The Court construes the Supplemental Me morandum as a motion for reconsideration or clarification of the Court's conclusion in the Memorandum and Order that if Defendants prevail on their claim that termination of the Florissant franchise agreement was wrongful, Defendants could poten tially be entitled to recoup their investment in the Florissant store, less the current value of the store and profits they realized. Although the Court did not rule on any issues related to the Store Development Agreement ("SDA"), the Co urt did mention that agreement, and will grant Plaintiffs' motion to the extent of clarifying that indeed the Court had previously granted Plaintiffs summary judgment on Count II of the Third Amended Counterclaim in which Defendants claimed breach of the SDA. The Court denies Plaintiffs' motion for reconsideration or clarification in other regards.. Signed by District Judge Audrey G. Fleissig on 8/12/2013. (MRC)
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July 16, 2013 |
Filing
174
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' Motion in Limine No. 1 to exclude evidence of damages related to the Florissant store is DENIED. (Doc. No. 145.) IT IS FURTHER ORDERED that Plaintiffs' Motion in Limine No. 2 is GRANTED with respect to damages for loss of good will and/or loss of reputation under the Missouri Franchise Act. (Doc. No. 147.) Signed by District Judge Audrey G. Fleissig on 7/16/2013. (NCL)
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May 15, 2013 |
Filing
128
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion for summary judgment on Defendants third amended counterclaim is GRANTED in part and DENIED in part. The motion is GRANTED as to Count I of the counterclaim related to the SDA; as to Co unt II of the counterclaim; and as alternative relief with respect to the antitrust claims (Counts VIII and IX). The motion for summary judgment is DENIED in all other respects. (Doc. No. 91.). Signed by Magistrate Judge Frederick R. Buckles on 5/15/13. (JWJ)
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April 18, 2013 |
Filing
126
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs' motion for partial dismissal of Defendants' third amended counterclaim is DENIED as to Counts V, VI, and VII, and GRANTED as to Counts VIII and IX. (Doc. No. 98.) IT IS FURTHER ORDERED that Counterclaim Defendants Dunkin' Brands Group Inc. and Dunkin' Brands Inc. are dismissed from the action. Signed by District Judge Audrey G. Fleissig on 4/18/2013. (NCL)
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March 15, 2013 |
Filing
124
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs/Counterclaim Defendants motion to strike Defendants/ Counterclaim Plaintiffs jury demand and request for punitive damages is GRANTED. (Doc. No. 94.) IT IS FURTHER ORDERED that P laintiffs / Counterclaim Defendants motion to strike Defendants/Counterclaim Plaintiffs expert Kevin Summers is GRANTED with respect to lost profits, and DENIED in all other respects, with the proviso that should Plaintiffs / Counterclaim Defendants wish to take a reasonable, supplemental deposition of Mr. Summers, they may do so, and the cost of such deposition shall be borne by Defendants/Counterclaim Plaintiffs. (Doc. No. 101.) Signed by District Judge Audrey G. Fleissig on 3/15/2013. (KSM)
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December 26, 2012 |
Filing
81
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motion to file a third amended counterclaim is GRANTED. (Doc. No. 76). The Clerk of Court shall detach the third amended answer and counterclaim, filed as an exhibit to Defendants' motion, and docket it as a separate document. IT IS FURTHER ORDERED that Defendants shall serve Dunkin Brands, Inc., forthwith with a copy of the third amended counterclaim, and file proof of service. Dunkin' Brands, Inc., shall have ten days after responding to the third amended counterclaim, to join in the other Plaintiffs' pending motions and responses/replies, or to inform the Court that it does not wish to do so. Signed by District Judge Audrey G. Fleissig on 12/26/2012. (NCL)
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