Purjes v. Diginext, No. 2:2017cv01190 - Document 51 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER-granting 39 Motion for Summary Judgment ; granting 42 Motion to Dismiss. Defendant and Counterclaimant Diginext's counterclaims against Plaintiff and Third-Party Defendant Eating You Alive, LLC are DISMISSED as MOOT. See Order for additional details. Signed by Judge Clark Waddoups on 5/4/18. (jmr)
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Purjes v. Diginext Doc. 51 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION DAN PURJES, an individual and resident of the State of Utah, and Trustee of PURJES FOUNDATION, Plaintiff and Counterclaim Defendant, v. MEMORANDUM DECISION AND ORDER DIGINEXT, LLC, a Delaware Limited Liability Company, Case No. 2:17-CV-1190 Defendant and Counterclaimant, Judge Clark Waddoups v. EATING YOU ALIVE, LLC, a Tennessee Limited Liability Company, Third-Party Defendant. This matter is before the court on a Motion for Summary Judgment filed by Plaintiff Dan Purjes and a Motion to Dismiss Eating You Alive, LLC’s counterclaim filed by Defendant Diginext, LLC. A hearing on the motions was held before the Honorable Clark Waddoups on May 3, 2018. Gregory D. Phillips and Jared L. Cherry appeared on behalf of Plaintiff and ThirdParty Defendant and Evan S. Strassberg appeared on behalf of Defendant and Counterclaimant. After due consideration of the parties’ filings and oral arguments, and otherwise being fully advised, IT IS HEREBY ORDERED, for the reasons stated on the record, that Plaintiff’s Motion for Summary Judgment (ECF No. 39) is GRANTED. Plaintiff is awarded a Declaratory 1 Dockets.Justia.com Judgment that the Purjes Foundation has all rights in the Film Eating You Alive and that Diginext has no rights in the film. In light of this ruling, Defendant and Counterclaimant Diginext’s counterclaims against Plaintiff and Third-Party Defendant Eating You Alive, LLC are DISMISSED as MOOT. Defendant and Counterclaimant Diginext’s Motion to Dismiss ThirdParty Defendant Eating You Alive, LLC’s counterclaims (ECF No. 42) is GRANTED for lack of Article III standing. These counterclaims are dismissed without prejudice. The court directs the Clerk of Court to close this case. DATED this 4th day of May, 2018. BY THE COURT: ______________________________ Clark Waddoups United States District Court Judge 2