Neman Brothers and Assoc., Inc. v. One Step Up Ltd. et al

Filing 56

JUDGMENT by Judge R. Gary Klausner. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: Judgment is entered in favor of Defendants One Step Up, Ltd. ("OSU"), ROSS STORES, INC., ("ROSS"), Factory Connection, LLC ("Factory"), Harry Adjmi ("Adjimi"), and Morris Tbeile ("Tbeile")(collectively "Defendants") and against Neman Brothers & Associates, Inc. ("Plaintiff") as to all claims, including Plaintiff's claims for: (i) Copyrigh t Infringement; (ii) Vicarious and Contributory Copyright Infringement; (iii) Actual Fraud; and (iv) Breach of Warranties and Representations; Plaintiff's claims against Defendants are dismissed in their entirety, with Prejudice; Defendants are deemed the prevailing parties; and Defendants may recover all costs and attorneys' fees as provided by law. (bp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
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NEMAN BROTHERS & ASSOC.,
INC., a California Corporation;

) Case No 2:17-cv-06400-RGK-SS
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) [PROPOSED] JUDGMENT
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Plaintiff,
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vs.
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ONE STEP UP LTD.; HARRY
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ADJMI; MORRIS TBIELE; ROSS
STORES, INC. d/b/a DD’s Discounts; )
FACTORY CONNECTION, LLC; and )
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DOES 1-10, inclusive,
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Defendants.
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[PROPOSED] ORDER 

JUDGMENT

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Pursuant to the Court’s Order re: Defendants’ for Summary Judgment (DE 25),

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dated December 13, 2017 (ECF. No. 51), IT IS HEREBY ORDERED, ADJUDGED

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AND DECREED THAT:

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1.

Judgment is entered in favor of Defendants One Step Up, Ltd. (“OSU”),

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Ross Stores, Inc. (“Ross”), Factory Connection, LLC (“Factory”), Harry Adjmi

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(“Adjimi”), and Morris Tbeile (“Tbeile”) (collectively “Defendants”) and against Neman

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Brothers & Associates, Inc. (“Plaintiff”) as to all claims, including Plaintiff’s claims for:

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(i) Copyright Infringement; (ii) Vicarious and Contributory Copyright Infringement; (iii)

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Actual Fraud; and (iv) Breach of Warranties and Representations;

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2.

Plaintiff’s claims against Defendants are dismissed in their entirety, with

Prejudice;

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3.

Defendants are deemed the prevailing parties; and,

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4.

Defendants may recover all costs and attorneys’ fees as provided by law.

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IT IS SO ORDERED.

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Dated: December 28, 2017

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_____________________________
Honorable R. Gary Klausner
United States District Judge

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Submitted by:
MILORD & ASSOCIATES, P.C.
/s/ Milord A. Keshishian
Milord A. Keshishian
Attorneys for Defendants
One Step Up, Ltd., Harry Adjmi,
Morris Tbiele, Ross Stores, Inc.,
and Factory Connection, LLC.
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[PROPOSED] ORDER