Fifty-Six Hope Road Music Limited et al v. Jammin Java Corporation et al, No. 2:2016cv05810 - Document 148 (C.D. Cal. 2017)

Court Description: FINAL JUDGMENT by Judge Stephen V. Wilson Related to: Order on Motion for Damages, 146 . The Court, in an Order dated May 30, 2017 (Dkt. No. 146), granted Plaintiffs' Motion for Award of Damages in the amount of $2,458,835.20. NOW, THE REFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 1. Pursuant to the Court's Orders of January 25, 2017 (Dkt. No. 97), February 15, 2017 (Dkt. No. 188), February 22, 2017 (Dkt. No. 122), and May 30, 2017 (Dkt. No. 146), judgment is entered again st Defendant JJ and in favor of Plaintiffs on Plaintiffs' First, Second, Third, Fourth, and Sixth Claims for Relief. 2. Plaintiffs are awarded damages in the amount of $2,829,994.36, which consists of: (see document for details). (MD JS-6, Case Terminated). (mrgo)
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Fifty-Six Hope Road Music Limited et al v. Jammin Java Corporation et al Doc. 148 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 9 WESTERN DIVISION 12 13 14 15 FIFTY-SIX HOPE ROAD MUSIC LIMITED, a Bahamian corporation, and HOPE ROAD MERCHANDISING, LLC, a Florida limited liability company, Plaintiffs, 16 17 Case No. 2:16-cv-05810-SVW-MRW [Assigned to: Hon. Stephen V. Wilson] FINAL JUDGMENT JS-6 v. 18 JAMMIN JAVA CORPORATION, a Nevada corporation, and DOES 1-10, 19 Defendants. 20 On September 20, 2016, Plaintiffs Fifty-Six Hope Road Music Limited 21 (“56HR”) and Hope Road Merchandising, LLC (“HRM”) (collectively “Plaintiffs”) 22 filed their First Amended Complaint against Defendant Jammin Java Corporation 23 (“JJ”) for Breach of Contract as to the parties’ Long and Short Term Licenses, 24 Declaratory Relief as to the parties’ Long and Short Term Licenses, Interference 25 with Prospective Economic Advantage, Trademark Infringement, Accounting, 26 Fraud-Misrepresentation, and Indemnification. 27 On September 26, 2016, Defendant JJ filed its Answer and Counterclaims 28 28219-00007/2806287.2 [PROPOSED] FINAL JUDGMENT Dockets.Justia.com 1 2 3 4 against Plaintiffs and Third-Party Complaint against Rohan Marley. On November 22, 2016, Defendant JJ filed its Third Amended Counterclaims against Plaintiffs. On December 12, 2016, Plaintiffs filed a Motion for Partial Summary 5 Judgment as to Plaintiffs’ First and Third Claims for Relief and Defendant JJ’s First 6 through Sixth and Ninth Counterclaims for Relief. The hearing on that Motion was 7 held before the Honorable Stephen V. Wilson, United States District Court Judge, 8 presiding, on January 23, 2017. The Court, in an Order dated January 25, 2017 (Dkt. No. 97), granted 10 Plaintiffs’ Motion for Partial Summary Judgment with respect to Plaintiffs’ First 11 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 9 and Third Claims for Relief, as well as with respect to Defendant’s First, Second, 12 Third, and Fourth Counterclaims. 13 On February 3, 2017, Defendant JJ filed a Motion for Voluntary Dismissal of 14 Defendant’s Counterclaims. The hearing on that Motion was held before the 15 Honorable Stephen V. Wilson, United States District Court Judge, presiding, on 16 February 15, 2017. 17 18 19 The Court, in an Order dated February 15, 2017 (Dkt. No. 118), dismissed all of Defendant JJ’s Counterclaims with prejudice. On February 10, 2017, Plaintiffs filed a second Motion for Partial Summary 20 Judgment as to Plaintiffs’ Second and Fourth Claims for Relief. The hearing on 21 that Motion was held before the Honorable Stephen V. Wilson, United States 22 District Court Judge, presiding, on February 15, 2017. 23 24 The Court, in an Order dated February 22, 2017 (Dkt. No. 122), granted Plaintiffs’ second Motion for Partial Summary Judgment in its entirety. 25 Pursuant to the Court’s Order of February 21, 2017 (Dkt. No. 121), 26 Plaintiffs’ filed a Motion for Award of Damages for trademark infringement on 27 April 7, 2017. The hearing on that Motion was held before the Honorable Stephen 28 V. Wilson, United States District Court Judge, presiding, on May 15, 2017. 28219-00007/2806287.2 2 [PROPOSED] FINAL JUDGMENT 1 The Court, in an Order dated May 30, 2017 (Dkt. No. 146), granted 2 Plaintiffs’ Motion for Award of Damages in the amount of $2,458,835.20. 3 4 5 NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 1. Pursuant to the Court’s Orders of January 25, 2017 (Dkt. No. 97), 6 February 15, 2017 (Dkt. No. 188), February 22, 2017 (Dkt. No. 122), and May 30, 7 2017 (Dkt. No. 146), judgment is entered against Defendant JJ and in favor of 8 Plaintiffs on Plaintiffs’ First, Second, Third, Fourth, and Sixth Claims for Relief. 10 2. Plaintiffs are awarded damages in the amount of $2,829,994.36, which consists of: 11 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 9 a. $371,159.16 in unpaid royalties awarded pursuant to the Court’s 12 Orders of January 25, 2017 (Dkt. No. 97) and February 22, 2017 13 (Dkt. No. 122); and 14 b. $2,458,835.20 awarded as a measure of damages for JJ’s 15 trademark infringement pursuant to the Court’s Order of May 16 30, 2017 (Dkt. No. 146). 17 3. As the prevailing parties, pursuant to Fed. R. Civ. P. 54(d)(1), 18 Plaintiffs are entitled to recover prejudgment costs from JJ in the amount of 19 Application to Tax Costs ______________, pursuant to a separately filed Memorandum of Costs. To be determined by 20 4. Pursuant to Fed. R. Civ. P. 54(d)(2), Plaintiffs are entitled to recover 21 their reasonable attorney’s fees and related nontaxable expenses from JJ in the 22 Motion for Attorneys Fees amount of ______________, pursuant to a separately filed motion. To be determined by 23 24 25 26 27 28 5. Pursuant to the Court’s Order on February 15, 2017 (Dkt. No. 118), all of Defendant’s Counterclaims are dismissed with prejudice. 6. Plaintiffs’ Fifth, Seventh, Eighth, and Ninth Claims for Relief are dismissed without prejudice. IT IS SO ORDERED. DATED: June 8, 2017 H Hon. S h V Wil Stephen V. Wilson United States District Court Judge 28219-00007/2806287.2 3 [PROPOSED] FINAL JUDGMENT