FilmKraft Productions India PVT Ltd. v. Spektrum Entertainment, Inc. et al, No. 2:2008cv01293 - Document 180 (D. Nev. 2011)

Court Description: FINAL JUDGMENT in favor of FilmKraft Productions India PVT Ltd. and against Spektrum Entertainment, Inc., Bina Shah, and Raj Shah. Signed by Judge James C. Mahan on 1/24/11. (Copies have been distributed pursuant to the NEF - ASB)

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FilmKraft Productions India PVT Ltd. v. Spektrum Entertainment, Inc. et al 1 2 3 4 5 6 Doc. 180 Mark G. Tratos (Bar No. 1086) tratosm@gtlaw.com Donald L. Prunty (Bar No. 8230) Pruntyd@gtlaw.com Ronald D. Green Jr. (Bar No. 7360) greenro@gtlaw.com GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 7 Counsel for Plaintiff 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 FilmKraft Productions India PVT Ltd., Case No. 2:08-cv-01293-JCM-GWF GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 Plaintiff, 12 [PROPOSED] FINAL JUDGMENT v. 13 14 Spektrum Entertainment, Inc., Raj Shah, and Bina Shah, Defendants. 15 16 17 18 Pursuant to this Court’s Order entered December 1, 2010 [Docket No. 175] ordering Plaintiff to submit an appropriate final judgment, 19 IT IS HEREBY ORDERED ADJUDGED AND DECREED that judgment is entered in 20 favor of Plaintiff FilmKraft Productions India PVT, Ltd. (“Plaintiff” or “FilmKraft”) and against 21 Defendants Spektrum Entertainment, Inc., (“Spektrum”) Raj Shah and Bina Shah (collectively 22 “Defendants”) on all counts of Plaintiff’s Complaint, with this Court declaring as follows: 23 a. Defendant Spektrum has breached the Agreement entered into between the parties by 24 failing to provide adequate accounting of its alleged payments to vendors and by failing to make 25 payments to vendors as required by the terms of the Agreement; 26 b. Defendant Spektrum violated the implied covenant of good faith and fair dealing; 27 c. Defendant Spektrum’s wrongful and intentional failure to pay vendors caused an 28 1 LV 419,265,692v1 1-18-11 Dockets.Justia.com 1 interference and disruption of the contractual relationship between FilmKraft and several of its 2 vendors; 3 d. Defendants wrongfully exerted dominion over Plaintiff’s property, namely monies 4 owned by FilmKraft and that Defendants’ dominion over FilmKraft’s property was in derogation, 5 exclusion, and defiance of FilmKraft’s right to that property; 6 e. Defendant Spektrum intentionally misrepresented amounts of monies owed to 7 vendors thereby inducing FilmKraft to pay far more than was necessary to Spektrum to cover 8 expenses to vendors; and 9 10 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 13 14 15 16 17 f. Raj and Bina Shah, as alter egos of Defendant Spektrum, are hereby liable for damages incurred by Plaintiff FilmKraft. IT IS FURTHER ORDERED AND ADJUDGED that said Judgment shall include the following specific relief: a. Defendants shall pay Plaintiff $1,651,061 for the amount of FilmKraft’s funds unaccounted for and converted by Defendants; b. Defendants shall pay Plaintiff $994,849 for FilmKraft’s loss of the State of New Mexico film rebate; c. Attorneys fees and costs are hereby awarded to FilmKraft as the prevailing party, the 18 amount to be determined via a verified memorandum of all fees and costs incurred by FilmKraft, 19 such Memorandum to be submitted by FilmKraft’s counsel within 14 days after the date of entry of 20 this Judgment. 21 22 23 24 d. Defendants shall pay Plaintiff $21,000 for additional costs incurred by FilmKraft to hire a new line producer to replace Defendants; e. Defendants shall pay Plaintiff $2,000,000 for lost income due to Defendants’ interference with the release and distribution of the film Kites; 25 f. Defendants shall pay Plaintiff $5,000,000 in punitive damages; 26 g. Defendants shall pay Plaintiff for prejudgment accrued interest at 5.25% through 27 judgment and post-judgment interest at the statutory rate equivalent to the weekly average 1-year 28 2 LV 419,265,692v1 1-18-11 1 constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve 2 System, for the calendar week preceding the date of judgment; 3 4 5 6 7 8 9 h. Jurisdiction is reserved to award FilmKraft further attorney’s fees and costs incurred in the prosecution and defense of this and related matters after Final Judgment has been entered; i. Defendants are permanently enjoined from interfering with Plaintiff’s vendors, including Plaintiff’s filmstock company; and j. The Preliminary Injunction entered against Defendants on April 13, 2010 [Docket # 126] is hereby converted to a Permanent Injunction. DATED: January 18, 2011. January 24, 2011. 10 ______________________________________ UNITED STATES DISTRICT JUDGE GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 13 Respectfully Submitted by: 14 GREENBERG TRAURIG, LLP 15 16 17 18 19 20 /s/ Ronald D. Green _______ Mark G. Tratos (Bar No. 1086) Donald L. Prunty (Bar No. 8230) Ronald D. Green Jr. (Bar No. 7360) GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 21 22 23 24 25 26 27 28 3 LV 419,265,692v1 1-18-11 1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 8 9 10 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 11 12 13 14 15 Pursuant to Fed. R. Civ. P. 5(b), I hereby certify that on January 18, 2011, I served the foregoing [PROPOSED] FINAL JUDGMENT as follows: Spektrum Entertainment, Inc., Raj Shah and Bina Shah 401 Seaspray Janki Kutir Juhu Church Road Juhu Mumbai, MH 400049 India <reeleye@gmail.com> <spektrumproductions@gmail.com> <happyhoursproductions@gmail.com> <rainbowentertainment@gmail.com> by causing a full, true, and correct copy thereof to be sent by the following indicated method or methods, on the date set forth below: by mailing in a sealed, first-class postage-prepaid envelope, addressed to the lastknown address of Plaintiffs, and deposited with the United States Postal Service at Las Vegas, Nevada. by hand delivery. 16 by sending via overnight courier in a sealed envelope. 17 by faxing to the attorney at the last-known fax number. 18 19 20 21 22 23 24 25 26 27 28 by electronic mail to the last known e-mail address. /s/ Cynthia L. Ney An employee of Greenburg Traurig, LLP

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