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

Filing 182

AMENDED FINAL JUDGMENT by Judge Stephen V. Wilson Related to: Judgment, 148 . 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, THEREFORE, IT I S 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 against 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). (mrgo)

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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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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

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

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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28219-00007/2806287.3

[PROPOSED] AMENDED
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.

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

GREENBERG GLUSKER FIELDS CLAMAN
& MACHTINGER LLP

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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

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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.
28219-00007/2806287.3

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[PROPOSED] AMENDED
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.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED

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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.

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

GREENBERG GLUSKER FIELDS CLAMAN
& MACHTINGER LLP

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2.

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

consists of:
a.

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$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
b.

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$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.

Pursuant to Fed. R. Civ. P. 54(d) and the Court’s Order of July 18,

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2017 (Dkt. No. 155), Plaintiffs are entitled to recover their reasonable attorneys’

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fees and costs from JJ in the amount of $609,497.25.

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4.

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

of Defendant’s Counterclaims are dismissed with prejudice.
5.

Plaintiffs’ Fifth, Seventh, Eighth, and Ninth Claims for Relief are

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dismissed without prejudice.

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IT IS SO ORDERED.

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DATED:

4/15/2019

Stephen
Hon. Stephen V. Wilson
ph
United States District Court Judge

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28219-00007/2806287.3

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[PROPOSED] AMENDED
FINAL JUDGMENT