Atlantic Circulation, Inc. et al v. Midwest Circulations, LLC et al
| Atlantic Circulation, Inc. and Daniel W. Shoemaker, III |
| Midwest Circulations, LLC and Bridget Robbins |
| 1:2010cv01368 |
| July 1, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| York |
| William W. Caldwell |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
294
MEMORANDUM & OPINION - In conclusion, the Court finds that Defendant breached the Settlement Agreement's Moratorium provision six times by accepting subscription orders from Baker, Cowart, Nelson, Sheets, Fallin, and Rowe, Jr. Therefore, the Cou rt awards Plaintiffs $450,000 as agreed to by the parties in the Settlement Agreement -$75,000 for each breach. In turn, the Court awards nothing to Defendants because Plaintiffs did not breach when Stice agreed to purchase the contractual rights to Hayes and Smith from Robbins. In addition, the Court finds that neither side proved abreach of the Confidentiality provision of the Settlement Agreement and, therefore, awards no damages to either side. Finally, the Court awards no damages to either side on its tortious interference claims. Plaintiffs receive no damages because they have already succeeded on their breach of Moratorium claims, and awarding damages for tortious interference would be a double recovery. Defendants receive no damages because the evidence shows that Hayes initiated contact with Stice to inquire about joining his crew, Robbins waived her contractual rights to Hayes and Smith by entering an agreement to sell her rights to Stice, Shoemaker is not liable t o Robbins for Stice's non-payment under the agreement because Stice was not acting as Shoemaker's agent during the transaction, and there is no evidence that Stice took purposeful action to harm Robbins.Signed by Honorable Robert D. Mariani on 11/20/12. (jfg)
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