Filed: Mar. 30, 2012
Latest Update: Mar. 30, 2012
Summary: ORDER HARVEY BARTLE, III, Judge. AND NOW, this 30th day of March, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment (Doc. #53) is GRANTED in part and DENIED in part; (2) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Counts I and II of the complaint (Doc. #53) is GRANTED in the amount of $69,458.55 against defenda
Summary: ORDER HARVEY BARTLE, III, Judge. AND NOW, this 30th day of March, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment (Doc. #53) is GRANTED in part and DENIED in part; (2) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Counts I and II of the complaint (Doc. #53) is GRANTED in the amount of $69,458.55 against defendan..
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ORDER
HARVEY BARTLE, III, Judge.
AND NOW, this 30th day of March, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
(1) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment (Doc. #53) is GRANTED in part and DENIED in part;
(2) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Counts I and II of the complaint (Doc. #53) is GRANTED in the amount of $69,458.55 against defendants Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck, jointly and severally;
(3) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Counts III and IV of the complaint (Doc. #53) is GRANTED in the amount of $73,889.61 in past-due royalties and $12,000 in contract termination fees for a total of $85,889.61 against defendants Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck, jointly and severally;
(4) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Counts III and IV of the complaint (Doc. #53) is DENIED to the extent plaintiffs seek royalties due after October 16, 2009, interest of 18% per annum on past-due royalties, and attorney's fees;
(5) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Count V of the complaint (Doc. #53) is GRANTED as to the issue of liability;
(6) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Count V of the complaint (Doc. #53) is DENIED as to the issue of damages;
(7) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Count VI of the complaint (Doc. #53) is GRANTED as to the issue of liability;
(8) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Count VI of the complaint (Doc. #53) is DENIED as to the issue of damages; and
(9) the motion of Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Counts I and VII of the counterclaim of Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck (Doc. #53) is GRANTED.
