SkinSolutions.Md, LLC et al v. Global Boost MD, LLC et al

Filing 66

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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1 2 3 4 5 6 7 DENIED BY ORDER OF THE COURT CENTRAL DISTRICT OF CALIFORNIA 10 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 UNITED STATES DISTRICT COURT 9 Gordon Rees Scully Mansukhani, LLP 8 SOUTHERN DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SKINSOLUTIONS.MD, LLC, a California ) Case No. 17-cv-01990-JVS-KES Limited Liability Company; ) TRUVENTURE, INC, a California ) [PROPOSED] JUDGMENT Corporation; VISHAL VERMA, M.D., INC., ) a California Corporation; and VISHAL ) VERMA, M.D., an Individual, ) ) Plaintiffs, ) ) vs. ) ) GLOBAL BOOST MD, LLC; ) PHARMAMEDRX, LLC; TELLADERMMD, LLC; GAIL GENTILE, ) an Individual; ANDREW MCCULLOCH, an ) Individual, also known as ANDREW ) MCCULOCH; and ALEXEI JOUKOV, ) ) Defendants. ) ) ) ) ) ) ) ) ) ) ) 27 28 -1JUDGMENT 1 Plaintiffs SKINSOLUTIONS.MD, LLC, TRUVENTURE, INC.,VISHAL 2 VERMA, M.D., INC. and VISHAL VERMA, M.D. (collectively referred to herein 3 as “Plaintiffs”) and Defendants GLOBAL BOOST MD, LLC, 4 PHARMAMEDRX, LLC, TELLADERMMD, LLC, GAIL GENTILE, ANDREW 5 MCCULLOCH, and ALEXEI JOUKOV (collectively referred to herein as 6 “Defendants”), having stipulated to Judgment in favor of Plaintiffs and against 7 Defendants, and each of them, 8 IT IS NOW ORDERED, ADJUDGED AND DECREED that: 9 1. 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 Gordon Rees Scully Mansukhani, LLP 10 11 Plaintiffs shall recover from Defendants, jointly and severally, the sum of One Million Seven Hundred Thousand Dollars ($1,700,000.00); 2. Defendants, and each of them, together with their agents, 12 representatives, affiliates, and all persons or entities acting with them or at their 13 direction or control, shall be permanently enjoined from: 14 15 16 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 17 practice” and “safely compliance” when they have not received any such 18 award; 19 20 21 C. Misrepresenting the generic version of LATISSE® to be Allergan-branded LATISSE®; D. Enrolling patients in Brilliant Distinctions® accounts, and then 22 not passing on the program rewards to them, preventing them from obtaining 23 additional discounts or other promotional materials from Allergan, 24 preventing them from using their points with other doctors or re-sellers 25 (including Plaintiffs), and preventing patients from using accrued points for 26 other Allergan products that Global Boost did not sell; and 27 28 -2JUDGMENT 1 E. Using the Brilliant Distinctions® program scheme to unfairly 2 enrich themselves and artificially deflate prices for Allergan products, 3 including but not limited to LATISSE®. 4 3. 5 6 7 Plaintiffs are awarded reasonable attorneys’ fees and costs, incurred in the Action, in an amount subject to proof on noticed Motion. 4. Plaintiffs shall be and are entitled to reasonable attorney fees and costs to be incurred in connection with the enforcement of this Judgment. 8 DENIED 9 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 Gordon Rees Scully Mansukhani, LLP 10 11 12 13 Dated: _____________ BY ORDER OF THE COURT ____________________________________ 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1133897/37642013v.1 -3JUDGMENT

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