ACI Licensing LLC v. CR Licensing, LLC

Filing 26

JUDGMENT by Judge R. Gary Klausner. IT IS HEREBY ORDERED that judgment is entered for Plaintiff and against Defendant; IT IS HEREBY FURTHER ORDERED that Defendant is ordered to pay Plaintiff the sum of $292,958.71, which amount consists of Plaintiff's damages from Defendant's breach of contract ($277,481.53), prejudgment interest earned thereon ($6,203.48), and Plaintiff's attorneys' fees ($9,273.70) (SEE JUDGMENT FOR FURTHER SPECIFICS_ (bp)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 2 3 4 5 6 7 A Limited Liability Partnership Including Professional Corporations JILL M. PIETRINI (Cal. Bar No. 138335) jpietrini@sheppardmullin.com PAUL A. BOST (Cal. Bar No. 261531) pbost@sheppardmullin.com MICHAEL D. WILBURN (Cal. Bar No. 303181) mwilburn@sheppardmullin.com 1901 Avenue of the Stars, Suite 1600 Los Angeles, California 90067-6055 Telephone: (310) 228-3700 Facsimile: (310) 228-3701 8 Attorneys for Plaintiff ACI LICENSING, LLC 9 10 11 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 12 13 ACI LICENSING, LLC, a Delaware limited liability company, 14 Plaintiff, 15 v. 16 CR LICENSING LLC, a New York 17 limited liability company, 18 Case No. 2:17-CV-7480-RGK-GJS [PROPOSED] JUDGMENT Defendant. 19 20 WHEREAS, on October 12, 2017, plaintiff ACI Licensing, LLC’s 21 (“Plaintiff”) filed a complaint in this Court against defendant CR Licensing LLC 22 (“Defendant”) asserting claims for breach of contract, declaratory judgment, and 23 anticipatory breach of contract; 24 WHEREAS, on October 16, 2017, Plaintiff served its complaint and 25 summons, and other related documents, on Defendant, and filed proof of the same 26 with the Court on October 23, 2017; 27 WHEREAS, on November 8, 2017, Plaintiff filed a request for entry of 28 default in light of Defendant’s failure to timely appear or file a timely response to . 1 the complaint, and served the same on Defendant at its business address by U.S. 2 mail; 3 WHEREAS, on November 13, 2017, the clerk of the Court entered default 4 against Defendant; 5 WHEREAS, on December 14, 2017, Plaintiff filed a motion for entry of 6 default judgment by the Court against Defendant on its claims for breach of contract 7 and declaratory judgment and for an award of attorneys’ fees (“Motion for 8 Default”), and served the same on Defendant at its business address by U.S. mail; 9 WHEREAS, on January, 17, 2018, the Court took Plaintiff’s Motion for 10 Default under submission and off of its motion calendar; and 11 WHEREAS, on February 7, 2018, the Court issued its order on Plaintiff’s 12 Motion for Default, granting Plaintiff’s Motion as to its claims for breach of contract 13 damages and declaratory judgment and granting in part Plaintiff’s motion for 14 attorneys’ fees; 15 The Court hereby enters judgment as follows: 16 IT IS HEREBY ORDERED that judgment is entered for Plaintiff and against 17 Defendant; 18 IT IS HEREBY FURTHER ORDERED that Defendant is ordered to pay 19 Plaintiff the sum of $292,958.71, which amount consists of Plaintiff’s damages from 20 Defendant’s breach of contract ($277,481.53), prejudgment interest earned thereon 21 ($6,203.48), and Plaintiff’s attorneys’ fees ($9,273.70); 22 IT IS HEREBY FURTHER DECLARED that (i) Section 8.b. of the 23 Plaintiff’s and Defendant’s Licensing Representation Agreement signed November 24 27, 2007 applies to any extension and/or renewal of each and every license 25 agreement Plaintiff brokered or procured on behalf of Defendant, regardless of the 26 form of said extension or renewal, including Defendant allowing for the expiration 27 or termination of an agreement solely for the purpose of entering into a “new” 28 agreement with the applicable licensee, and (ii) the applicable rate of compensation -2- . 1 due Plaintiff as of this date for Defendant’s license agreements with Simplicity 2 Pattern Co. Inc., dated August 15, 2008, and TJX Companies, Inc., dated February 3 27, 2009, is 25% commission on royalties and 20% on all design fees paid to 4 Defendant. 5 6 IT IS SO ORDERED. 7 8 Dated: February 12, 2018 _______________________________ UNITED STATES DISTRICT JUDGE 9 10 11 12 13 SMRH:485408743.2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- .

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