Fifty-Six Hope Road Music Limited et al v. Jammin Java Corporation et al

Filing 148

FINAL JUDGMENT by Judge Stephen V. Wilson Related to: Order on Motion for Damages, 146 . The Court, in an Order dated May 30, 2017 (Dkt. No. 146), granted Plaintiffs' Motion for Award of Damages in the amount of $2,458,835.20. NOW, THE REFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 1. Pursuant to the Court's Orders of January 25, 2017 (Dkt. No. 97), February 15, 2017 (Dkt. No. 188), February 22, 2017 (Dkt. No. 122), and May 30, 2017 (Dkt. No. 146), judgment is entered again st Defendant JJ and in favor of Plaintiffs on Plaintiffs' First, Second, Third, Fourth, and Sixth Claims for Relief. 2. Plaintiffs are awarded damages in the amount of $2,829,994.36, which consists of: (see document for details). (MD JS-6, Case Terminated). (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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1900 Avenue of the Stars, 21st Floor
Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN
& MACHTINGER LLP

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WESTERN DIVISION

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FIFTY-SIX HOPE ROAD MUSIC
LIMITED, a Bahamian corporation, and
HOPE ROAD MERCHANDISING,
LLC, a Florida limited liability
company,
Plaintiffs,

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Case No. 2:16-cv-05810-SVW-MRW
[Assigned to:
Hon. Stephen V. Wilson]
FINAL JUDGMENT

JS-6

v.

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JAMMIN JAVA CORPORATION, a
Nevada corporation, and DOES 1-10,

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Defendants.

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On September 20, 2016, Plaintiffs Fifty-Six Hope Road Music Limited

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(“56HR”) and Hope Road Merchandising, LLC (“HRM”) (collectively “Plaintiffs”)

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filed their First Amended Complaint against Defendant Jammin Java Corporation

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(“JJ”) for Breach of Contract as to the parties’ Long and Short Term Licenses,

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Declaratory Relief as to the parties’ Long and Short Term Licenses, Interference

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with Prospective Economic Advantage, Trademark Infringement, Accounting,

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Fraud-Misrepresentation, and Indemnification.

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On September 26, 2016, Defendant JJ filed its Answer and Counterclaims

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28219-00007/2806287.2

[PROPOSED] FINAL JUDGMENT

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against Plaintiffs and Third-Party Complaint against Rohan Marley.
On November 22, 2016, Defendant JJ filed its Third Amended Counterclaims
against Plaintiffs.
On December 12, 2016, Plaintiffs filed a Motion for Partial Summary

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Judgment as to Plaintiffs’ First and Third Claims for Relief and Defendant JJ’s First

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through Sixth and Ninth Counterclaims for Relief. The hearing on that Motion was

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held before the Honorable Stephen V. Wilson, United States District Court Judge,

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presiding, on January 23, 2017.
The Court, in an Order dated January 25, 2017 (Dkt. No. 97), granted

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Plaintiffs’ Motion for Partial Summary Judgment with respect to Plaintiffs’ First

11
1900 Avenue of the Stars, 21st Floor
Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN
& MACHTINGER LLP

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and Third Claims for Relief, as well as with respect to Defendant’s First, Second,

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Third, and Fourth Counterclaims.

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On February 3, 2017, Defendant JJ filed a Motion for Voluntary Dismissal of

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Defendant’s Counterclaims. The hearing on that Motion was held before the

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Honorable Stephen V. Wilson, United States District Court Judge, presiding, on

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February 15, 2017.

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The Court, in an Order dated February 15, 2017 (Dkt. No. 118), dismissed all
of Defendant JJ’s Counterclaims with prejudice.
On February 10, 2017, Plaintiffs filed a second Motion for Partial Summary

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Judgment as to Plaintiffs’ Second and Fourth Claims for Relief. The hearing on

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that Motion was held before the Honorable Stephen V. Wilson, United States

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District Court Judge, presiding, on February 15, 2017.

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The Court, in an Order dated February 22, 2017 (Dkt. No. 122), granted
Plaintiffs’ second Motion for Partial Summary Judgment in its entirety.

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Pursuant to the Court’s Order of February 21, 2017 (Dkt. No. 121),

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Plaintiffs’ filed a Motion for Award of Damages for trademark infringement on

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April 7, 2017. The hearing on that Motion was held before the Honorable Stephen

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V. Wilson, United States District Court Judge, presiding, on May 15, 2017.
28219-00007/2806287.2

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[PROPOSED] FINAL JUDGMENT

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The Court, in an Order dated May 30, 2017 (Dkt. No. 146), granted

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Plaintiffs’ Motion for Award of Damages in the amount of $2,458,835.20.

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NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED
that:
1.

Pursuant to the Court’s Orders of January 25, 2017 (Dkt. No. 97),

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February 15, 2017 (Dkt. No. 188), February 22, 2017 (Dkt. No. 122), and May 30,

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2017 (Dkt. No. 146), judgment is entered against Defendant JJ and in favor of

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Plaintiffs on Plaintiffs’ First, Second, Third, Fourth, and Sixth Claims for Relief.

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2.

Plaintiffs are awarded damages in the amount of $2,829,994.36, which

consists of:

11
1900 Avenue of the Stars, 21st Floor
Los Angeles, California 90067-4590

GREENBERG GLUSKER FIELDS CLAMAN
& MACHTINGER LLP

9

a.

$371,159.16 in unpaid royalties awarded pursuant to the Court’s

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Orders of January 25, 2017 (Dkt. No. 97) and February 22, 2017

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(Dkt. No. 122); and

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b.

$2,458,835.20 awarded as a measure of damages for JJ’s

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trademark infringement pursuant to the Court’s Order of May

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30, 2017 (Dkt. No. 146).

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3.

As the prevailing parties, pursuant to Fed. R. Civ. P. 54(d)(1),

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Plaintiffs are entitled to recover prejudgment costs from JJ in the amount of

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Application to Tax Costs
______________, pursuant to a separately filed Memorandum of Costs.

To be determined by

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4.

Pursuant to Fed. R. Civ. P. 54(d)(2), Plaintiffs are entitled to recover

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their reasonable attorney’s fees and related nontaxable expenses from JJ in the

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Motion for Attorneys Fees
amount of ______________, pursuant to a separately filed motion.

To be determined by

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5.

Pursuant to the Court’s Order on February 15, 2017 (Dkt. No. 118), all

of Defendant’s Counterclaims are dismissed with prejudice.
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Plaintiffs’ Fifth, Seventh, Eighth, and Ninth Claims for Relief are

dismissed without prejudice.
IT IS SO ORDERED.
DATED: June 8, 2017
H
Hon. S h V Wil
Stephen V. Wilson
United States District Court Judge

28219-00007/2806287.2

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[PROPOSED] FINAL JUDGMENT