Aaron L Mintz v. Mark Bartelstein and Associates Inc

Filing 118

JUDGMENT by Judge Stephen V. Wilson. It is ORDERED, ADJUDGED AND DECREED that: (1) Plaintiff Aaron L. Mintz shall recover from defendant Mark Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, the sum of $85,000 on the claim for invasion of privacy, and interest at the legal rate from the date of entry of judgment until the date the judgment is fully satisfied; (2) Judgment is entered for defendant Mark Bartelstein and against plaintiff Aaron L. Mintz on the claim of in vasion of privacy; (3) Judgment is entered for plaintiff Aaron L. Mintz and against defendant Mark Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, on plaintiff Aaron L. Mintz's claim for violation of the California Compute r Data Access and Fraud Act, but plaintiff Aaron L. Mintz shall recover no monetary damages on that claim; (4) Judgment is entered for defendants Mark Bartelstein & Associates, Inc., d/b/a Priority Sports and Entertainment, and Mark Bartelstein, and against plaintiff Aaron L. Mintz on the claims for declaratory relief, violation of the Computer Fraud and Abuse Act and violation of the Electric Communications Privacy Act; (5) Judgment is entered on the counterclaims of counterclaimants Mark Barte lstein & Associates, Inc., d/b/a Priority Sports & Entertainment, and Mark Bartelstein, as follows: (a) For counterdefendant Aaron L. Mintz and against counterclaimants Mark Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, and M ark Bartelstein on the counterclaims for breach of contract, breach of the covenant of good faith and fair dealing, breach of the duty of loyalty, misappropriation of trade secrets, intentional interference with present and prospective economic advan tage and business relationships, conversion, violation of the California Computer Data Access and Fraud Act, defamation, trade libel, conspiracy, and violation of the California Unfair Competition Law; (b) For counterdefendant Creative Artists Agency , LLC and against counterclaimants Mark Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, and Mark Bartelstein on the counterclaims for misappropriation of trade secrets, intentional interference with contractual relations, inten tional interference with present and prospective economic advantage and business relationships, conspiracy, and violations of the California Unfair Competition Law; (6) Pursuant to the parties' agreement, each side shall bear its own costs of su it; and (7) Any request by counterdefendants Aaron L. Mintz and/or Creative Artists Agency, LLC for an award of reasonable attorneys' fees under California Civil Code 3426.4 shall be made pursuant to Local Rule 54-12. (MD JS-6, Case Terminated). (sp)

1 Anthony J. Oncidi (State Bar No. 118135)
[e-mail]
2 Robert H. Horn (State Bar No. 134710)
[e-mail]
3 Susan L. Gutierrez (State Bar No. 273980)
[e-mail]
4 Christopher L. Williams (admitted pro hac vice)
[e-mail]
5 PROSKAUER ROSE LLP
2049 Century Park East, 32nd Floor
6 Los Angeles, California 90067-3206
Telephone: [phone]
7 Facsimile: [phone]
8 Attorneys for Plaintiff and Counterdefendant Aaron L. Mintz
and Counterdefendant Creative Artists Agency, LLC
9
Louis R. Miller (State Bar No. 54141)
10 [e-mail]
Daniel S. Miller (State Bar No. 218214)
11 [e-mail]
Vinay Kohli (State Bar No. 268430)
12 [e-mail]
MILLER BARONDESS, LLP
13 1999 Avenue of the Stars, Suite 1000
Los Angeles, California 90067
14 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff Aaron L. Mintz
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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21 AARON L. MINTZ, an individual,
Plaintiff,
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)
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vs.
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MARK BARTELSTEIN & ASSOCIATES,)
INC., d/b/a Priority Sports &
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Entertainment; and MARK
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BARTELSTEIN, an individual,
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Defendants.
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AND RELATED COUNTERCLAIMS
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Case No. CV12-2554 SVW(SSx)
(Consolidated with Case No. CV123055 SVW (SSx))
JUDGMENT

JS-6

1

WHEREAS, on November 1, 2012, the motion for summary judgment as to

2 all counterclaims and motion for partial summary judgment as to the claims for
3 declaratory relief, violation of the Computer Fraud and Abuse Act (18 U.S.C.
4 § 1030), violation of the Electronic Communications Privacy Act (18 U.S.C. § 2501
5 et seq.), violation of the California Computer Data Access and Fraud Act (Cal. Pen.
6 Code § 502), invasion of privacy, and violation of the California Unfair Competition
7 Law (Cal. Bus. & Prof. Code § 17200), filed by plaintiff and counterdefendant
8 Aaron L. Mintz and counterdefendant Creative Artists Agency, LLC, came on for
9 hearing before this Court;
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WHEREAS, on November 1, 2012, the motion for partial summary judgment

11 as to the counterclaims for breach of contract and breach of the duty of loyalty, filed
12 by defendants and counterclaimants Mark Bartelstein & Associates, Inc., d/b/a
13 Priority Sports & Entertainment, and Mark Bartelstein, came on for hearing before
14 this Court;
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WHEREAS, on November 1, 2012, the Court:

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(i)

Granted summary judgment for plaintiff Aaron L. Mintz and against

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defendant Mark Bartelstein & Associates, Inc., d/b/a Priority Sports &

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Entertainment, as to his claims for invasion of privacy and violation of

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the California Computer Data Access and Fraud Act (Cal. Pen. Code

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§ 502), and denied summary judgment as to his claim for violation of

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the California Unfair Competition Law (Cal. Bus. & Prof. Code

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§ 17200);

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(ii)

Granted summary judgment for defendants Mark Bartelstein &

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Bartelstein and against plaintiff Aaron L. Mintz as to his claims for

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declaratory relief, violation of the Computer Fraud and Abuse Act (18

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U.S.C. § 1030), and violation of the Electronic Communications

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Associates, Inc., d/b/a Priority Sports & Entertainment, and Mark

Privacy Act (18 U.S.C. § 2501 et seq.); and
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(iii)

Granted summary judgment for counterdefendants Aaron L. Mintz and

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Creative Artists Agency, LLC and against counterclaimants Mark

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Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment,

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and Mark Bartelstein as to every counterclaim (and therefore denied as

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moot counterclaimants’ motion for partial summary judgment as to the

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counterclaims for breach of contract and breach of the duty of loyalty);

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WHEREAS, on November 9, 2012, plaintiff Aaron L. Mintz voluntarily

8 dismissed with prejudice his claims for defamation, interference with prospective
9 economic relations, and violation of the California Unfair Competition Law (Cal.
10 Bus. & Prof. Code § 17200);
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WHEREAS, on November 13 and 14, 2012, a trial on damages as to the claim

12 of plaintiff Aaron L. Mintz for invasion of privacy came on for trial by jury, which
13 was duly impaneled and sworn;
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WHEREAS, after the evidence had been presented and after being duly

15 instructed by the Court, the jury deliberated and thereon duly returned a special
16 verdict in favor of plaintiff Aaron L. Mintz and against defendant Mark Bartelstein
17 & Associates, Inc., d/b/a Priority Sports & Entertainment;
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WHEREAS, in accordance with the jury’s special verdict and the

19 November 1, 2012 order on the motions for summary judgment;
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IT IS ORDERED, ADJUDGED, AND DECREED that:

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1.

Plaintiff Aaron L. Mintz shall recover from defendant Mark Bartelstein

22 & Associates, Inc., d/b/a Priority Sports & Entertainment, the sum of $85,000 on the
23 claim for invasion of privacy, and interest at the legal rate from the date of entry of
24 judgment until the date the judgment is fully satisfied;
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2.

Judgment is entered for defendant Mark Bartelstein and against

26 plaintiff Aaron L Mintz on the claim for invasion of privacy;
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3.

Judgment is entered for plaintiff Aaron L. Mintz and against defendant

28 Mark Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, on
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2

1 plaintiff Aaron L. Mintz’s claim for violation of the California Computer Data
2 Access and Fraud Act (Cal. Pen. Code § 502), but plaintiff Aaron L. Mintz shall
3 recover no monetary damages on that claim;
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4.

Judgment is entered for defendants Mark Bartelstein & Associates,

5 Inc., d/b/a Priority Sports & Entertainment, and Mark Bartelstein, and against
6 plaintiff Aaron L. Mintz on the claims for declaratory relief, violation of the
7 Computer Fraud and Abuse Act (18 U.S.C. § 1030), and violation of the Electronic
8 Communications Privacy Act (18 U.S.C. § 2501 et seq.);
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5.

Judgment is entered on the counterclaims of counterclaimants Mark

10 Bartelstein & Associates, Inc., d/b/a Priority Sports & Entertainment, and Mark
11 Bartelstein, as follows:
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(a)

For counterdefendant Aaron L. Mintz and against

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counterclaimants Mark Bartelstein & Associates, Inc., d/b/a

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Priority Sports & Entertainment, and Mark Bartelstein on the

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counterclaims for breach of contract, breach of the covenant of

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good faith and fair dealing, breach of the duty of loyalty,

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misappropriation of trade secrets, intentional interference with

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present and prospective economic advantage and business

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relationships, conversion, violation of the California Computer

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Data Access and Fraud Act (Cal. Pen. Code § 502), defamation,

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trade libel, conspiracy, and violation of the California Unfair

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Competition Law (Cal. Bus. & Prof. Code § 17200);

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(b)

For counterdefendant Creative Artists Agency, LLC and against

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Priority Sports & Entertainment, and Mark Bartelstein on the

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counterclaims for misappropriation of trade secrets, intentional

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interference with contractual relations, intentional interference

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counterclaimants Mark Bartelstein & Associates, Inc., d/b/a

with present and prospective economic advantage and business
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relationships, conspiracy, and violation of the California Unfair

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Competition Law (Cal. Bus. & Prof. Code § 17200);

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6.

Pursuant to the parties’ agreement, each side shall bear its own costs of

4 suit; and
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7.

Any request by counterdefendants Aaron L. Mintz and/or Creative

6 Artists Agency, LLC for an award of reasonable attorneys’ fees under California
7 Civil Code § 3426.4 shall be made pursuant to Local Rule 54-12.
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9 Dated: December 18, 2012
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_________________________________
Stephen V. Wilson
United States District Judge

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