Big Boy Franchise Management LLC et al v. Sleepy Hollow Enterprises LLC et al, No. 2:2012cv07368 - Document 22 (C.D. Cal. 2012)
Court Description: STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER : Judgment is entered in favor of Plaintiffs, Big Boy FranchiseManagement, LLC, and Big Boy Restaurants International, LLC, and against Defendants, Sleepy Hollow Enterprises, LLC, Matthew Pike, Angela Pike, and Noah Pike, and each of them, in the amount of $40,979.85 for amounts owed as of November 12, 2012 (see document for other specifics) by Judge Dean D. Pregerson (MD JS-6. Case Terminated) (lc)
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Big Boy Franchise Management LLC et al v. Sleepy Hollow Enterprises LLC et al 1 2 3 4 5 6 7 8 E. Paul Dougherty, Jr. (State Bar No. 182138) Robert M. Anderson (State Bar No. 075698) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 S. Flower Street, Suite 2900 Los Angeles, California 90071 Telephone:(213) 624-3044 Facsimile: (213) 624-8060 Attorneys for Plaintiffs, BIG BOY FRANCHISE MANAGEMENT, LLC, and BIG BOY RESTAURANTS INTERNATIONAL, LLC Doc. 22 JS-6 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) ) v. ) ) SLEEPY HOLLOW ENTERPRISES, ) ) LLC, a California limited liability ) ) company; MATTHEW PIKE; ) ANGELA PIKE; NOAH PIKE, ) ) Defendants. ) ) Case No. CV12-07368 DDP (VBKx) BIG BOY FRANCHISE MANAGEMENT, LLC, a Michigan limited liability company; BIG BOY RESTAURANTS INTERNATIONAL, LLC, a Michigan limited liability company, STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER 23 24 Plaintiffs, Big Boy Franchise Management, LLC (“BBFM”), and Big Boy 25 Restaurants International, LLC (“BBRI”), have filed a Complaint for (1) 26 Trademark Infringement/Violation of the Lanham Act (15 U.S.C. §§1051 et seq. – 27 Declaration of Rights/Damages/Injunctive Relief, (2) Common Law Statutory 28 Trademark Infringement/Violation of Cal. Bus. & Prof. Code §§14200 et seq., (3) 1 STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER Error! Unknown document property name. Dockets.Justia.com 1 Breach of Franchise Agreement, and (4) Past Due Account against Defendants, 2 Sleepy Hollow Enterprises, LLC (“Sleepy Hollow”), Matthew Pike, Angela Pike, 3 and Noah Pike. 4 The Complaint alleges: 5 (1) that Defendant Sleepy Hollow, as franchisee, entered into franchise 6 agreements with plaintiff BBFM, as franchisor, with respect to Big Boy 7 Restaurants located in Barstow, California, and Baker, California; 8 (2) that Defendants Matthew Pike, Angela Pike, and Noah Pike signed a 9 written personal guaranty of all of defendant Sleepy Hollow’s obligations and 10 11 12 duties under the franchise agreements; (3) that Defendants breached the franchise agreement by failing to pay amounts owing to Plaintiff BBFM under the franchise agreements; 13 (4) that Plaintiff BBFM sent Notices of Monetary Default to Defendants 14 providing for a ten-day cure period to cure the monetary defaults as required by 15 the franchise agreements; 16 (5) that Defendants failed to take any action to cure the defaults; 17 (6) that plaintiff BBFM then sent Notices of Termination to Defendants 18 terminating the franchise agreements and requiring Defendants to immediately de- 19 identify the restaurants pursuant to the terms of the franchise agreements; 20 (7) that Defendants continued thereafter to operate the restaurants as “Bob’s 21 Big Boy” restaurants and that such actions constituted trademark infringement in 22 violation of federal and state laws; and 23 (8) that Plaintiffs are entitled to an award of damages, prejudgment interest, 24 attorney’s fees and costs against Defendants, and a preliminary and permanent 25 injunction against Defendants enjoining them from using the Big Boy trademarks 26 registered on the Principal Register of the United States Patent Office and which 27 provide brand identity for the Big Boy® system, including but not limited to, 28 United States registered trademark number 913,601 (“Big Boy”), United States 2 STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER Error! Unknown document property name. 1 registered trademark number 1,230,170 (“Bob’s Big Boy”) United States 2 registered trademark number 910,758 (standing Big Boy design), and United 3 States registered trademark number 1,230,570 (“Bob’s Big Boy Restaurants”), 4 and from holding themselves out as a Big Boy franchisee and compelling them to 5 fully comply with their obligations under Article 22 of the franchise agreements. 6 Plaintiffs and Defendants have agreed to settle this case in accordance 7 with the terms of this Stipulated Final Judgment and Permanent Injunction Order 8 and have voluntarily entered into a Stipulation for Final Judgment and 9 Permanent Injunction Order which provides that the Court should enter this 10 Stipulated Final Judgment and Permanent Injunction Order. 11 Defendants admit that the Court has jurisdiction over them and over the 12 subject matter of this action. Defendants consent to the entry, without further 13 notice, of this Stipulated Final Judgment and Permanent Injunction Order. 14 Defendants waive the entry of findings of fact and conclusions of law 15 under Rule 52 of the Federal Rules of Civil Procedure. Defendants further 16 waive any right they may have to appeal from this Stipulated Final Judgment and 17 Permanent Injunction Order. 18 Plaintiffs and Defendants agree that the Court shall retain jurisdiction over 19 them for the purpose of implementing, enforcing, modifying, or amending this 20 Stipulated Final Judgment and Permanent Injunction Order. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED 21 22 23 that: 1. The Court has jurisdiction over this action pursuant to 15 U.S.C. 24 §1121 and 28 U.S.C. §§1331 and 1338(a) and (b) as it relates to claims of 25 trademark infringement under federal law; and pursuant to 28 U.S.C. §1367 as 26 it relates to claims arising under state law. 27 28 2. Judgment is entered in favor of Plaintiffs, Big Boy Franchise Management, LLC, and Big Boy Restaurants International, LLC, and against 3 STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER Error! Unknown document property name. 1 Defendants, Sleepy Hollow Enterprises, LLC, Matthew Pike, Angela Pike, and 2 Noah Pike, and each of them, in the amount of forty thousand nine hundred 3 ninety seventy nine dollars and eighty-five cents ($40,979.85) for amounts owed 4 as of November 12, 2012. 5 3. Defendants, and each of them, their officers, employees, agents, 6 representatives, and all other persons or entities in active concert or participation 7 with them who receive actual notice of this Stipulated Final Judgment and 8 Permanent Injunction Order are permanently enjoined and shall cease and desist 9 from using the Big Boy trademarks registered on the Principal Register of the 10 United States Patent Office and which provide brand identity for the Big Boy® 11 system, including but not limited to, United States registered trademark number 12 913,601 (“Big Boy”), United States registered trademark number 1,230,170 13 (“Bob’s Big Boy”) United States registered trademark number 910,758 (standing 14 Big Boy design), and United States registered trademark number 1,230,570 15 (“Bob’s Big Boy Restaurants”) and are further enjoined and shall cease and 16 desist from holding themselves out as a Big Boy franchisee. 17 4. Defendants, and each of them, their officers, employees, agents, 18 representatives, and all other persons or entities in active concert or participation 19 with them who receive actual notice of this Stipulated Final Judgment and 20 Permanent Injunction Order shall comply with their obligations under Article 22 21 of the franchise agreements entered into by and between plaintiff Big Boy 22 Franchise Management, LLC, as franchisor, and defendant Sleepy Hollow 23 Enterprises, LLC, as franchisee, with respect to the Bob’s Big Boy Restaurants 24 located in Barstow, California, and Baker, California, including, but not limited 25 to, the obligation to immediately and completely de-identify the Restaurants so 26 that the Restaurants will be clearly distinguishable from and not recognizable as a 27 Big Boy Restaurant. 28 4 STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER Error! Unknown document property name. 1 5. This Court shall retain jurisdiction of this action for the purpose of 2 implementing, enforcing, modifying, or amending this Stipulated Final Judgment 3 and Permanent Injunction Order. 4 5 IT IS SO ORDERED, ADJUDGED, AND DECREED. Dated: November 29, 2012 6 7 Dean D. Pregerson United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATED FINAL JUDGMENT AND PERMANENT INJUNCTION ORDER Error! Unknown document property name.
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