Absorption Pharmaceuticals, LLC v. Endure Holdings, LLC et al

Filing 43

JUDGMENT AGAINST ROBERT CARLSON by Judge R. Gary Klausner. IT IS HEREBY ORDERED AND ADJUDGED by the Court that Judgment shall be and is hereby entered against Defendant Robert Carlson in the above-captioned action as follows: The Court finds that Car lson committed the acts referred to in Plaintiff's Motion for Default Judgment against Robert Carlson and that Carlson's acts constitute: Defendant is ordered to pay damages to Plaintiffs in the amount of $209,246.40. The Court finds t hat for purposes of 15 U.S.C. 1117(a), this constitutes an exceptional case meriting the award of attorneys' fees in the amount of $7,785, calculated pursuant to the schedule contained in Local Rule 55-3., in favor of Absorption Pharmaceuticals, LLC against Robert Carlson in the principal amount of $209,246.40, interest in the amount of $0.00, attorneys fees of $7,785, costs of $0.00 for a total judgment of $217,031.40. (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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13 ABSORPTION PHARMACEUTICALS,
Case No. 2:16-cv-01405-RGK-(JPI~)
LLC, a Delaware limited liability
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company
[
Assigned for all purposes to Hon. R.
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Gary Klausner]
Plaintiff,
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vs.
O ~ D]JUDGMENT
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AGAINST ROBERT CARLSON
ENDURE HOLDINGS,LLC, a Florida
18 limited liability company, ROBERT
19 CARLSON,an individual, ROGER A.
TICHENOR,an individual, RANDALL
2 OSER, an individual, and DOES 1
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through 10, inclusive,
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Defendants.
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[PROPOSED]JUDGMENT AGAINST ROBERT CARLSON

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After having fully considered the Motion for Default Judgment against Robert

2 Carlson brought by Plaintiff Absorption Pharmaceuticals, LLC ("Plaintiff' or
3 "Absorption"), as well as the issues and evidence presented and all files and
4 pleadings in this action, IT IS HEREBY ORDERED AND ADJUDGED by the
5 Court that Judgment shall be and is hereby entered against Defendant Robert Carlson
6 ("Carlson") in the above-captioned action as follows:
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1. The Court finds that Carlson committed the acts referred to in Plaintiffs

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Motion for Default Judgment against Robert Carlson and that Carlson's

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acts constitute:

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~ 1 1 ~S(a1~1 V e l•

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b. False Advertising under Section 43(a) ofthe Lanham Act, 15 U.S.C.

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§ 1125(a)(1)(B).

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2. Defendant is ordered to pay damages to Plaintiffs in the amount of
$209,246.40.

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a ,an awar of

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5. The Court finds that for purposes of 15 U.S.C. § 1117(a), this constitutes an
exceptional case meriting the award of attorneys' fees to Plaintiff.

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6. Defendant is ordered to pay Plaintiffs attorneys' fees in the amount of

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Rule 55-3.

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,calculated pursuant to the schedule contained in Local

7. Defendant is ordered to pay Plaintiffs' non-taxable costs in the amount to
be determined following entry ofjudgment.

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-1[PROPOSED]JUDGMENT AGAINST ROBERT CARLSON

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8. Defendant is ordered to pay to Plaintiffs postjudgment interest on the

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amount ofjudgment at a statutory rate pursuant to 28 U.S.C. § 1961(a).

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IT IS SO ORDERED.

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6 Dated:
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By:
Hon. .Gary lausner
United tates District Judge

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-2[PROPOSED]JUDGMENT AGAINST ROBERT CARLSON