Herb Reed Enterprises, LLC v. The World Famous Platters Road Shows I LLC et al

Filing 59

ORDER granting 56 Motion for award of damages. The Clerk of Court is directed to enter Final Judgment in favor of PlaintiffHerb Reed Enterprises, LLC and against Defendants The World Famous Platters Road Shows I LLC, Eddie Stovall, Lawrence Lockard, J.T. Marshall, and Andre Shepard, jointly and severally,in the amount of $281,773.77, and thereafter close this case. Signed by Judge Elizabeth A. Kovachevich on 10/22/2014. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

HERB REED ENTERPRISES, LLC
Plaintiff,
CASE NO.: 8:14-cv-56-T-17-AEP

v.
THE WORLD FAMOUS PLATTERS ROAD
SHOWS I LLC, EDDIE STOVALL,
LAWRENCE LOCKARD, J.T. MARSHALL,
YOLANDA FLETCHER, and ANDRE
SHEPARD,
Defendants

ORDER ON PLAINTIFF’S MOTION FOR AN AWARD OF DAMAGES
UPON CONSIDERATION of the Plaintiffs Motion for an Award of Damages, the
supporting memorandum of points and authorities, the supporting declarations and evidence, the
record in this case, and for other good cause shown,
THE COURT HEREBY FINDS THAT:
1.

Plaintiff is entitled to damages based on Defendants’ profits because Defendants’

infringement was willful and deliberate.
2.

In assessing profits, the Plaintiff is only required to prove Defendants’ sales;

Defendants must prove all elements of cost or deduction claimed.
3.

Plaintiff has submitted evidence demonstrating that Defendants have not provided

complete financial records and have engaged in conduct in this case so as to frustrate proof of
damages.
4.

Based on documents produced by the Defendants, and on the additional evidence

Plaintiff has found related to Defendants’ performances both domestically and abroad, Plaintiff
has calculated reasonable sales to be $281,773.77.

5.

Defendants have not filed an opposition to Plaintiffs motion or otherwise

provided evidence to contradict Plaintiffs damages calculation, and the Court finds no reason to
adjust Plaintiffs calculations.
It is therefore
ORDERED, ADJUDGED, and DECREED that Plaintiffs Motion for an Award of
Damages is granted. The Clerk of Court is directed to enter Final Judgment in favor of Plaintiff
Herb Reed Enterprises, LLC and against Defendants The World Famous Platters Road Shows I
LLC, Eddie Stovall, Lawrence Lockard, J.T. Marshall, and Andre Shepard, jointly and severally,
in the amount of $281,773.77, and thereafter close this case.
IT IS SO ORDERED
ENTERED this f?3Aay of( Q d k W 014.

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