Einstein Cosmetics, LLC et al v. CVS Caremark Corp. et al, No. 2:2010cv00640 - Document 78 (C.D. Cal. 2011)
Court Description: REVISED FINAL JUDGMENT by Judge A. Howard Matz. IT IS ORDERED AND ADJUDGED that Plaintiff Einstein Cosmetics, LLC take nothing by its Complaint, that Plaintiff's Complaint be dismissed and that Defendants recover their costs. (See attached Revis ed Final Judgment for further information). IT IS ORDERED AND ADJUDGED that the answer to CVS counterclaims be stricken, and that default judgment be entered only as to the counterclaim for breach of contract against Einstein Cosmetics, LLC, includin g damages in the amount of $1,025,040.60 against Einstein Cosmetics, LLC with CVS to recover its costs as prevailing party, in accordance with FRCP 54. No further claims remain in this action and this judgment constitutes a final judgment. (jp)
Download PDF
<![CDATA[
Einstein Cosmetics, LLC et al v. CVS Caremark Corp. et al 1 2 3 4 5 6 7 8 9 Doc. 78 MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. Harvey I. Saferstein, Esq. (SBN: 49750) Nada I. Shamonki, Esq. (SBN: 205359) Ben L. Wagner, Esq. (SBN: 243594) Sarah J. Robertson, Esq. (SBN: 243364) 2029 Century Park East, Suite 1370 Los Angeles, California 90067 Phone: 310.586.3200 Fax: 310.586.3202 hsaferstein@mintz.com; nshamonki@mintz.com bwagner@mintz.com; srobertson@mintz.com Attorneys for Defendant and Counterclaimant CVS PHARMACY, INC. and Defendant CVS CAREMARK CORP. 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 EINSTEIN COSMETICS, LLC and JOSEPH L. SHALANT, 14 Plaintiffs, 15 vs. 16 CVS CAREMARK CORP., CVS 17 pharmacy And DOES 1-20, Inclusive, 18 , 19 Case No. CV10-00640-AHM (AGRx) REVISED FINAL JUDGMENT Defendants. 20 Judge: Ctrm: 21 CVS PHARMACY, INC, 22 Counterclaimant, 23 vs. Honorable A. Howard Matz 14 Discovery Cut Off: Pretrial Conference: Trial Date: 24 EINSTEIN COSMETICS, LLC and JOSEPH L. SHALANT, 25 Counterdefendants. 26 01/03/11 06/20/11 07/05/11 27 28 1 Dockets.Justia.com 1 This action came on regularly for hearing before the Court, Hon. A. Howard 2 Matz, District Judge Presiding, on Defendants CVS Pharmacy, Inc. and CVS 3 Caremark Corp.’s Motion for Summary Judgment on all causes of action in Plaintiff 4 Einstein Cosmetics, LLC’s Complaint, and the evidence presented having been fully 5 considered, the issues having been duly heard and a decision having been duly 6 rendered, 7 IT IS ORDERED AND ADJUDGED that Plaintiff Einstein Cosmetics, LLC 8 take nothing by its Complaint, that Plaintiff’s Complaint be dismissed and that 9 Defendants recover their costs. 10 Additionally, this action came on regularly for hearing before the Court, 11 Hon. A. Howard Matz, District Judge Presiding, on Defendant/ Counterclaimant CVS 12 Pharmacy, Inc. (“CVS”) and Defendant CVS Caremark Corp.’s Motion for 13 Terminating Sanctions and an Award of Fees and Costs against Plaintiff/ 14 Counterdefendant Einstein Cosmetics, LLC, and the evidence presented having been 15 fully considered, the issues having been duly heard and a decision having been duly 16 rendered, 17 IT IS ORDERED AND ADJUDGED that the answer to CVS’ counterclaims 18 be stricken, and that default judgment be entered only as to the counterclaim for 19 breach of contract against Einstein Cosmetics, LLC,1 including damages in the 20 amount of $1,025,040.60 against Einstein Cosmetics, LLC with CVS to recover its 21 costs as prevailing party, in accordance with Federal Rule of Civil Procedure 54. 22 23 No further claims remain in this action and this judgment constitutes a final judgment. 24 25 IT IS SO ORDERED. Dated: _June 10, 2011_____________ 26 Honorable A. Howard Matz Judge, United States District Court 27 28 1 CVS’ counterclaim for breach of contract against Joseph L. Shalant shall be dismissed without prejudice. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
