Filed: Jun. 29, 2012
Latest Update: Jun. 29, 2012
Summary: ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT ROBERT H. CLELAND, District Judge. Upon consideration of Plaintiffs Little Caesar Enterprises, Inc. and LC Trademarks, Inc.'s Motion for Default Judgment, Plaintiffs' memorandum in support of that motion and the related exhibits, Defendants' opposition, if any, and the entire record herein, IT IS ORDERED: FIRST, that Plaintiffs' Motion for Default Judgment is GRANTED; SECOND, that judgment is entered in favor of Plaintiffs and against De
Summary: ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT ROBERT H. CLELAND, District Judge. Upon consideration of Plaintiffs Little Caesar Enterprises, Inc. and LC Trademarks, Inc.'s Motion for Default Judgment, Plaintiffs' memorandum in support of that motion and the related exhibits, Defendants' opposition, if any, and the entire record herein, IT IS ORDERED: FIRST, that Plaintiffs' Motion for Default Judgment is GRANTED; SECOND, that judgment is entered in favor of Plaintiffs and against Def..
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ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT
ROBERT H. CLELAND, District Judge.
Upon consideration of Plaintiffs Little Caesar Enterprises, Inc. and LC Trademarks, Inc.'s Motion for Default Judgment, Plaintiffs' memorandum in support of that motion and the related exhibits, Defendants' opposition, if any, and the entire record herein, IT IS ORDERED:
FIRST, that Plaintiffs' Motion for Default Judgment is GRANTED;
SECOND, that judgment is entered in favor of Plaintiffs and against Defendants K&M Pizza LLC, LC of South Jersey LLC, Robert Armstrong, and Amy Armstrong on all counts of the Complaint;
THIRD, that Plaintiffs are awarded reasonable attorney's fees and costs in the amount $17,355;1
FORTH, that the Franchise Agreements between Plaintiffs and Defendants are terminated;
FIFTH, that as of the date of this Order, a permanent injunction is hereby issued against Defendants and their agents, officers, members, representatives, and anyone acting by, through, or in concert with them, enjoining them from using, displaying, or otherwise infringing upon the trademarks, service marks, trade names, and trade dress of Plaintiffs, including, but not limited to, the trademark "Little Caesars"; and it is further
FINALLY, that as of the date of this Order, Defendants and their agents, officers, members, representatives, and anyone acting by, through, or in concert with them must comply with all of the post-termination obligations contained in the Settlement Agreement and Franchise Agreements between the parties, including but not limited to complying with the covenants not to compete contained in the Franchise Agreements, ceasing to use any methods associated with Little Caesar, ceasing to use any or all of the proprietary and confidential information of Little Caesar, returning all manuals to Little Caesar, and otherwise ceasing to engage in unfair competition with Little Caesar. counsel's statement during the hearing, Plaintiffs now seek to increase the award of fees and costs by $10,273, $7500 for the additional fees charged by Gray Plant Mooty and $2773 for the additional fees charged by Miller Canfield. The court finds the additional fees in excess of $3000 to be unreasonable, as they are more than twice the amount counsel estimated to the court just one day before filing the supplemental affidavits and were billed after the motion for default was filed and in a span of just two weeks. Thus, in accordance with its initial statement on the record, the court will award an additional $3000 in attorney's fees and costs.
