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

Filing 262

JUDGMENT signed by Judge John A. Mendez on 11/23/09; 207 Motion for Summary Judgment GRANTED in favor of Wonder Ice Cream LLC. (Manzer, C)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BEN & JERRY'S FRANCHISING, INC., et al., Plaintiffs, vs. MPA GROUP, INC. and MEHRDAD PORGHAVAMI, et al., Defendants. MEHRDAD PORGHAVAMI, et al., Counter-Claimant, vs. BEN & JERRY'S FRANCHISING INC., a Vermont corporation, and BEN & JERRY'S HOMEMADE INC., a Vermont corporation, and BEN & JERRY'S OF CALIFORNIA INC., a California corporation, and WONDER ICE CREAM LLC. Counter-Defendants. On November 18, 2009, in Courtroom 6 of the above-entitled Court, the Motion for Summary Judgment ("Motion") of Wonder Ice Cream, LLC ("Wonder") came on regularly for hearing. The Court has considered the papers submitted in support of and in opposition to the Motion, has reviewed the authorities cited by the parties, has reviewed the record in the case submitted and cited by the parties and has heard the arguments of the parties. Being so informed, the Court finds GOOD CAUSE and GRANTS SUMMARY JUDGMENT in favor of Wonder. Accordingly, it is, by the Court this 23rd day of November, 2009 ORDERED, ADJUDGED and DECREED that: (1) Wonder's Motion for Summary Judgment is hereby granted in its entirety; and -1[PROPOSED] ORDER AND JUDGMENT ON WONDER'S MOTION FOR SUMMARY JUDGMENT C:\Documents and Settings\HVine\Desktop\07cv2599.o.1123.doc

No. CV-07-2599-JAM-KJM JUDGMENT FOR WONDER ICE CREAM LLC Hearing Date: Time: Courtroom: November 18, 2009 9 a.m. 6

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(2) Judgment is entered in favor of Wonder and against Defendant/CounterClaimant Mehrdad Porghavami ("Porghavami") on his Second Amended Counter-Claim [Docket No. 73], and Porghavami's Second Amended Counter-Claim is dismissed with prejudice1; and it is (3) Declared that Wonder is not liable to Mehrdad Porghavami or MPA Group, Inc. ("MPA") for any of the counter-claims asserted by them; and it is (4) Declared that Wonder 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 23, 2009 /s/ John A. Mendez Honorable John A. Mendez United States District Judge

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MPA Group, Inc.'s Second Amended Counter-Claim was previously dismissed by this Court by Order dated August 31, 2009 [Docket No. 199]. -2[PROPOSED] ORDER AND JUDGMENT ON WONDER'S MOTION FOR SUMMARY JUDGMENT C:\Documents and Settings\HVine\Desktop\07cv2599.o.1123.doc

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