ERA Franchise Systems, LLC et al v. Kings Realty #1, et al
| ERA Franchise Systems, LLC |
| Kevin J. Hanson and Kings Realty #1, Inc. |
| 2:2007cv05319 |
| December 20, 2007 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Nassau |
| Joanna Seybert |
| William D. Wall |
| Contract:Franchise |
| 15 U.S.C. ยง 1051 Trademark Infringement |
| None |
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Filing
35
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION granting 31 Motion for Contempt; adopting 33 Report and Recommendation. Based on the foregoing discussion, Plaintiff's motion for contempt (Docket Entry 31) is GRANTED to the extent o utlined here: Defendants are each sanctioned $1,000 per day, starting today, until they comply with Judge Wall's Discovery Order. Further, all parties are directed to appear before this Court on Thursday, March 15, 2012 at 1:45 p.m. in Co urtroom 1030. If Defendant Hanson does not appear on March 15, the Court will issue a warrant for his arrest. Plaintiff is directed to have this Order served on Defendants via personal service immediately and file proof of service with the Court. De fendants shall be liable for Plaintiff's reasonable attorneys' fees incurred in prosecuting this contempt motion. The Clerk of the Court is respectfully directed to terminate docket entries 31 and 33. So Ordered by Judge Joanna Seybert on 3/5/2012. C/ECF (Valle, Christine)
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Filing
24
ORDER ADOPTING REPORT AND RECOMMENDATION - The Court ADOPTS the Report and Recommendation in its entirety, except as to the amount due for interest on the past due fees. Accordingly, Dft is ORDERED to pay $14,542.00 in past due fees, $107,9 73.00 in lost future profits, $5,671.38 in interest on the past due fees through 7/31/09, $8,237.25 in attorneys' fees, and $564.00 in costs, totaling $136,988.23. Dft is permanently ENJOINED form using ERA Franchise Systems, LLC trademarks, service marks, and logos. Dft is ORDERED to submit its records for an audit to determine the amount of profit that has been derived from the unauthorized use of the ERA Marks. Upon completion of the audit, Pltff may ask the Court for an order directing Dft to pay that amount, minus any offsets by the award of lost profits, plus treble damages, and attorneys' fees and costs. Ordered by Judge Joanna Seybert on 7/30/09. C/ECF; Counsel is directed to notify all parties of this Order. (Valle, Christine)
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Filing
22
REPORT AND RECOMMENDATIONS re 1 Complaint filed by ERA Franchise Systems, LLC. For the reasons set forth in the attached report, the undersigned recommends an award of compensatory damages, interest, attorneys' fees and costs totaling $135,963.01 and further recommends issuance of a permanent injunction and other relief. Entered by Magistrate Judge William D. Wall on 2/23/2009. (Disbrow, Sandra)
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