Ben & Jerry's Franchising, Inc. v. MPA Group, Inc., et al.

Filing 260

ORDER signed by Judge John A. Mendez on 11/20/09 ORDERING Ben and Jerry's Motion for Summary Judgment 207 is GRANTED in its entirety; Mehrdad Prghavami's Motion for Summary Judgment 219 is DENIED in its entirety; judgment is entered in of Ben and Jerry's Franchising Inc and Ben and Jerry's Homemade Inc and against Mehrdad Prghavami on the third and fifth claims for relief of the First Amended Complaint 65 ; Ben & Jerrys Motion for Summary Judgment on the Seventh Claim fo r Relief of the First Amended Complaint (for Declaratory Relief) is moot based on the granting of Ben & Jerrys Motion for Summary Judgment on the counterclaims of the Second Amended Counterclaim; Default judgment is entered in favor of Ben & Jerrys F ranchising, Inc. and Ben & Jerrys Homemade, Inc. and against MPA Group, Inc. (MPA) on the Second and Third Claims for Relief of the First Amended Complaint because MPAs answer to those claims has been previously stricken by this Court by Order, dated 8/31/09 199 ; Mehrdad Porghavami and MPA are ordered to pay Ben & Jerrys Twelve Thousand Seven Hundred and Fifty Seven Dollars ($12,757) within 60 days of the date of this Order; and it is declared that Ben & Jerrys is not liable to Mehrdad Porghavami or MPA for any of the counterclaims asserted by them; and it is declared that Ben & Jerrys is the prevailing party and is awarded costs of suit in the amount to be determined by application to the clerk of the court. (Carlos, K)

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DLA PIPER LLP (US)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BEN & JERRY'S FRANCHISING, INC., et al., Plaintiffs, v. MPA GROUP, INC. and MEHRDAD PORGHAVAMI, et al., Defendants. MEHRDAD PORGHAVAMI, et al., Counter-Claimant, v. BEN & JERRY'S FRANCHISING INC., BEN & JERRY'S HOMEMADE INC., BEN & JERRY'S OF CALIFORNIA, INC. and WONDER ICE CREAM, LLC, Counter-Defendants. On November 18, 2009, this Court duly heard (1) Plaintiffs/Counter-Defendants Ben & Jerry's Franchising, Inc.'s and Ben & Jerry's Homemade, Inc.'s (collectively, "Ben & Jerry's") Motion for Summary Judgment [Docket No. 207] and (2) Defendant/Counter-Claimant Mehrdad Porghavami's Motion for Summary Judgment [Docket No. 219]. The Court has heard the arguments of the parties, has considered the papers submitted in support of and in opposition to both motions, has reviewed the authorities cited by the parties and has reviewed the record in the case submitted and cited by the parties. Being so informed, the Court finds GOOD CAUSE and GRANTS SUMMARY JUDGMENT in favor of Ben & Jerry's and against Mehrdad Porghavami. Accordingly, it is, by the Court, this ___ day of November, 2009 ORDERED, ADJUDGED and DECREED that: (1) Ben & Jerry's Motion for Summary Judgment is hereby granted in its entirety; Hearing: Date: November 18, 2009 Time: 9:00 am Courtroom: 6 CASE NO. 2:07-CV-02599-JAM-KJM [Assigned to Hon. John A. Mendez] JUDGMENT FOR BEN & JERRY'S FRANCHISING, INC. AND BEN & JERRY'S HOMEMADE, INC.

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(2) Mehrdad Porghavami's Motion for Summary Judgment is hereby denied in its entirety; (3) Judgment is entered in favor of Ben & Jerry's Franchising, Inc. and Ben & Jerry's Homemade, Inc. and against Mehrdad Porghavami on each of the eight counterclaims against Ben & Jerry's in the Second Amended Counterclaim [Docket No. 73] (i.e., the First, Second, Fourth, Fifth, Seventh, Eighth, Tenth and Eleventh Claims for Relief) and each of those counterclaims is dismissed with prejudice;1 (4) Judgment is entered in favor of Ben & Jerry's Franchising, Inc. and Ben & Jerry's Homemade, Inc. and against Mehrdad Porghavami on the Third and Fifth Claims for Relief of the First Amended Complaint [Docket No. 65];2 (5) Ben & Jerry's Motion for Summary Judgment on the Seventh Claim for Relief of the First Amended Complaint (for Declaratory Relief) is moot based on the granting of Ben & Jerry's Motion for Summary Judgment on the counterclaims of the Second Amended Counterclaim; (6) Default judgment is entered in favor of Ben & Jerry's Franchising, Inc. and Ben & Jerry's Homemade, Inc. and against MPA Group, Inc. ("MPA") on the Second and Third Claims for Relief of the First Amended Complaint because MPA's answer to those claims has been previously stricken by this Court by Order, dated August 31, 2009 [Docket No. 199]; and (7) Mehrdad Porghavami and MPA are ordered to pay Ben & Jerry's Twelve Thousand Seven Hundred and Fifty Seven Dollars ($12,757) within 60 days of the date of this Order; and it is (8) Declared that Ben & Jerry's is not liable to Mehrdad Porghavami or MPA for any of the counterclaims asserted by them; and it is

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DLA PIPER LLP (US)

All of MPA Group, Inc.'s counterclaims against Ben & Jerry's in the Second Amended Counterclaim have been previously dismissed by this Court by Order, dated August 31, 2009 [Docket No. 199]. 2 Ben & Jerry's previously stipulated to the dismissal of the First, Fourth and Sixth Claims for Relief of the First Amended Complaint by a Stipulation dated October 29, 2009 [Docket No. 226].

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[PROPOSED] JUDGMENT FOR BEN & JERRY'S

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DLA PIPER LLP (US)

(9) Declared that Ben & Jerry's is the prevailing party and is awarded costs of suit in the amount to be determined by application to the clerk of the court.

Dated: November 20, 2009

/s/ John A. Mendez_______ Honorable John A. Mendez United States District Judge

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