SkinSolutions.Md, LLC et al v. Global Boost MD, LLC et al
Filing
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JUDGMENT by Judge James V. Selna, Related to: EX PARTE APPLICATION for Judgment Based on Stipulation of the Parties Following Breach of Settlement Agerement 60 . DENIED BY ORDER OF THE COURT. (twdb)
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DENIED
BY ORDER OF THE COURT
CENTRAL DISTRICT OF CALIFORNIA
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633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
UNITED STATES DISTRICT COURT
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Gordon Rees Scully Mansukhani, LLP
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SOUTHERN DIVISION
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SKINSOLUTIONS.MD, LLC, a California ) Case No. 17-cv-01990-JVS-KES
Limited Liability Company;
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TRUVENTURE, INC, a California
) [PROPOSED] JUDGMENT
Corporation; VISHAL VERMA, M.D., INC., )
a California Corporation; and VISHAL
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VERMA, M.D., an Individual,
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Plaintiffs,
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vs.
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GLOBAL BOOST MD, LLC;
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PHARMAMEDRX, LLC;
TELLADERMMD, LLC; GAIL GENTILE, )
an Individual; ANDREW MCCULLOCH, an )
Individual, also known as ANDREW
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MCCULOCH; and ALEXEI JOUKOV,
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Defendants.
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-1JUDGMENT
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Plaintiffs SKINSOLUTIONS.MD, LLC, TRUVENTURE, INC.,VISHAL
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VERMA, M.D., INC. and VISHAL VERMA, M.D. (collectively referred to herein
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as “Plaintiffs”) and Defendants GLOBAL BOOST MD, LLC,
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PHARMAMEDRX, LLC, TELLADERMMD, LLC, GAIL GENTILE, ANDREW
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MCCULLOCH, and ALEXEI JOUKOV (collectively referred to herein as
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“Defendants”), having stipulated to Judgment in favor of Plaintiffs and against
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Defendants, and each of them,
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IT IS NOW ORDERED, ADJUDGED AND DECREED that:
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1.
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Gordon Rees Scully Mansukhani, LLP
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Plaintiffs shall recover from Defendants, jointly and severally, the
sum of One Million Seven Hundred Thousand Dollars ($1,700,000.00);
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Defendants, and each of them, together with their agents,
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representatives, affiliates, and all persons or entities acting with them or at their
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direction or control, shall be permanently enjoined from:
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A.
Representing Defendants to patients and other consumers as an
“authorized” seller of LATISSE® products, during any period they are not;
B.
Claiming to have received an award from Allergan for “ethical
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practice” and “safely compliance” when they have not received any such
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award;
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C.
Misrepresenting the generic version of LATISSE® to be
Allergan-branded LATISSE®;
D.
Enrolling patients in Brilliant Distinctions® accounts, and then
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not passing on the program rewards to them, preventing them from obtaining
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additional discounts or other promotional materials from Allergan,
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preventing them from using their points with other doctors or re-sellers
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(including Plaintiffs), and preventing patients from using accrued points for
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other Allergan products that Global Boost did not sell; and
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E.
Using the Brilliant Distinctions® program scheme to unfairly
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enrich themselves and artificially deflate prices for Allergan products,
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including but not limited to LATISSE®.
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3.
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Plaintiffs are awarded reasonable attorneys’ fees and costs, incurred in
the Action, in an amount subject to proof on noticed Motion.
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Plaintiffs shall be and are entitled to reasonable attorney fees and
costs to be incurred in connection with the enforcement of this Judgment.
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DENIED
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633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Gordon Rees Scully Mansukhani, LLP
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Dated: _____________
BY ORDER OF THE COURT
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UNITED STATES DISTRICT JUDGE
Denied without prejudice to a noticed motion. However, before such a motion is
brought, the parties would be well served by discussions to resolve what appears to
be a minor and transitory problem. JVS April 18, 2018
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1133897/37642013v.1
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