Philip Morris USA Inc. v. Los Corazones Deli Grocery Inc. et al
| Philip Morris USA Inc. |
| Los Corazones Deli Grocery Inc., El Barrio Grocery Deli Corp., Aloshe Mini Market Inc., Harlem Tobacco Grocery Inc., Fancy Deli & Grocery Corp., New Friendly Deli-Grocery Corp. and Does One through Ten |
| 1:2009cv09608 |
| November 18, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Sullivan |
| None |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| None |
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Filing
35
OPINION AND ORDER re: 28 MOTION for Sanctions Motion for an Order of Civil Contempt against Defendant Fancy Deli & Grocery Corp filed by Philip Morris USA Inc.: For the reasons stated above, the Court finds that Fancy Deli is in civil contempt of the Consent Judgment entered on March 11, 2010. Accordingly, IT IS HEREBY ORDERED THAT Fancy Deli shall (1) pay Philip Morris $500 as a compensatory sanction for this contempt and (2) pay the Clerk of the Court a fine of &# 036;5,000 as a coercive sanction. IT IS FURTHER ORDERED THAT Fancy Deli shall make both payments no later than October 10, 2014 or, if it cannot do so, file a letter with the Court by that date explaining why it cannot make payment and proposing an alternative payment schedule. Failure to timely comply with this Order will result in the imposition of future coercive sanctions in amounts considerably higher than those imposed here. IT IS FURTHER ORDERED THAT Philip Morris shall serve Fancy Del i with a copy of this Order and file an affidavit of service no later than September 8, 2014. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 28. (Signed by Judge Richard J. Sullivan on 9/2/2014) (tn)
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