LIVING ASSISTANCE SERVICES INC v. CORNERSTONE VISITING ANGELS SERVICES LLC

Filing 27

ORDER adopting Magistrate Judge's 26 REPORT AND RECOMMENDATION. Plaintiff shall recover from Jason Burnett, as successor in interest to Cornerstone Vising Angels, LLC, damages in the amount of $56,337.11, the cost of an initial franchise fee; $8,340.00, the cost of an annual fee for the year 2017; $30,000.00 for loss of goodwill; and $9,000.00 for corrective advertising, for a total award of $103,677.00. Mr. Burnett shall tender the amount s et forth above to plaintiff, through plaintiff's counsel, within 21 days of the date of this Order. Signed by CHIEF JUDGE M CASEY RODGERS on 02/08/2018. (Deadline to file proof all materials were removed from internet and payment to Plaintiff due by 3/1/2018.) (Mailed to JASON BURNETT at address on file). (MB)

Download PDF
Page 1 of 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION LIVING ASSISTANCE SERVICES, INC., Plaintiff, v. CASE NO. 3:16cv16-MCR-CJK CORNERSTONE VISITING ANGELS SERVICES, LLC, Defendant. ____________________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated January 10, 2018. ECF No. 26. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Page 2 of 3 Accordingly, it is now ORDERED as follows: 1. The magistrate judge’s Report and Recommendation is adopted and incorporated by reference in this Order. 2. Within 21 days of the date of this Order, Jason Burnett, as successor in interest to Cornerstone Visiting Angels, LLC, shall either provide proof that he has removed from the internet and other marketing materials any and all infringing material or file a release allowing plaintiff to act on his behalf to remove such material. 3. Should Mr. Burnett fail to comply with the provision above, plaintiff shall be authorized to remove any such infringing material itself. 4. Plaintiff shall recover from Jason Burnett, as successor in interest to Cornerstone Vising Angels, LLC, damages in the amount of $56,337.11, the cost of an initial franchise fee; $8,340.00, the cost of an annual fee for the year 2017; $30,000.00 for loss of goodwill; and $9,000.00 for corrective advertising, for a total award of $103,677.00. 5. Mr. Burnett shall tender the amount set forth above to plaintiff, through plaintiff’s counsel, within 21 days of the date of this Order. Case No. 3:16cv16-MCR-CJK Page 3 of 3 6. Should plaintiff incur costs in removing infringing material, plaintiff shall submit such costs within 60 days of the date of this order, at which time the magistrate judge will determine whether the costs should be assessed against Mr. Burnett, as successor in interest to Cornerstone Visiting Angels, LLC. 7. Plaintiff shall recover from Jason Burnett, as successor in interest to Cornerstone Visiting Angels, LLC, all attorneys’ fees incurred in bringing this action and shall submit the materials required by Local Rule 54.1 within 60 days of the date of this Order. DONE AND ORDERED this 8th day of February 2018. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:16cv16-MCR-CJK

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?