Rebel Distributors Corp v. Mylan Laboratories Inc et al

Filing 86

JUDGMENT by Judge Valerie Baker Fairbank: On the first cause of action for breach of oral contract, plaintiff Rebel Distributors Corp. shall recover from defendant Devos, Ltd. which will do business in California as Guaranteed Returns the amount of & #036;59,031.81 for adjusted service fees. As to all other claims in plaintiffs first cause of action for breach of oral contract, plaintiff Rebel Distributors Corp., shall recover nothing from defendant Devos, Ltd. which will do business in Californi a as Guaranteed Returns. On plaintiffs second cause of action for breach of written contract, plaintiff Rebel Distributors Corp. shall recover nothing from defendant Devos, Ltd. which will do business in California as Guaranteed Returns. On plaintiff s third cause of action for conversion, plaintiff Rebel Distributors Corp. shall recover nothing from defendant Devos, Ltd. which will do business in California as Guaranteed Returns. Defendant Devos, Ltd. which will do business in California as Guaranteed Returns is the prevailing party and shall recover costs from plaintiff Rebel Distributors Corp., as determined by the court, in the amount of $ _____. (MD JS-6, Case Terminated). (jp)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. MYLAN LABORATORIES, INC., a corporation; STERICYCLE, INC., a corporation; DEVOS, LTD. WHICH WILL DO BUSINESS IN CALIFORNIA AS GUARANTEED RETURNS, a corporation, DOES 1 through 100 inclusive, Defendants. ___________________________________ UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA REBEL DISTRIBUTORS CORP., a corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 07-4859-VBF (AGRx) JUDGMENT TRIAL DATE: August 12-15, 2008 Courtroom of the Hon. Valerie Baker Fairbank

The above entitled matter was tried by the Court, the Honorable Valerie Baker Fairbank presiding, without a jury on August 12, 13, 14, and 15, 2008, and the following decision was reached:

IT IS HEREBY ORDERED that: 1. On the first cause of action for breach of oral contract, plaintiff Rebel Distributors

Corp. shall recover from defendant Devos, Ltd. which will do business in California as Guaranteed Returns the amount of $59,031.81 for adjusted service fees. As to all other claims in plaintiff's first cause of action for breach of oral contract, plaintiff Rebel Distributors Corp. shall -1[PROPOSED] JUDGMENT I:\16840\020\Pleadings\[Proposed] JUDGMENT.wpd

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

recover nothing from defendant Devos, Ltd. which will do business in California as Guaranteed Returns. 2. On plaintiff's second cause of action for breach of written contract, plaintiff Rebel

Distributors Corp. shall recover nothing from defendant Devos, Ltd. which will do business in California as Guaranteed Returns. 3. On plaintiff's third cause of action for conversion, plaintiff Rebel Distributors

Corp. shall recover nothing from defendant Devos, Ltd. which will do business in California as Guaranteed Returns. 4. Defendant Devos, Ltd. which will do business in California as Guaranteed

Returns is the prevailing party and shall recover costs from plaintiff Rebel Distributors Corp., as determined by the court, in the amount of $ _________________.

DATED: September 19, 2008

_________________________________ UNITED STATES DISTRICT JUDGE

SUBMITTED BY: WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP

By:_______________________________________ ROY G. RIFKIN Attorneys for Defendant Devos, Ltd. Which Will Do Business in California As Guaranteed Returns

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