JORDAN OUTDOOR ENTERPRISES LTD v. J&M CONCEPTS LLC
ORDER terminating 88 Motion to Strike. Realtree's notice of non-party fault is moot in light of the consolidation of the two civil actions and the issues that remain to be decided at trial based on the claims that are already pending. The motion to strike the notice of non-party fault is terminated. Ordered by US DISTRICT JUDGE CLAY D LAND on 02/17/2021 (CCL)
Case 4:18-cv-00126-CDL Document 116 Filed 02/17/21 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
JORDAN OUTDOOR ENTERPRISES, LTD.,
J&M CONCEPTS, LLC,
COUNTRY BREEZE VENTURES, LLC,
JORDAN OUTDOOR ENTERPRISES, LTD.,
CASE NO. 4:18-CV-126 (CDL)
O R D E R
intellectual property owned by Jordan Outdoor Enterprises, Ltd.
(“Realtree”) on J&M’s energy drink containers.
permitted the Coca-Cola Company to use some of the same Realtree
assigned its interest in the Realtree license to Country Breeze
Ventures, LLC (“Country Breeze”).
Country Breeze did not pay
Country Breeze filed a breach of contract action,
Case 4:18-cv-00126-CDL Document 116 Filed 02/17/21 Page 2 of 4
exclusivity provision by continuing the Mello Yello campaign and
that Country Breeze’s nonperformance should be excused by virtue
of Realtree’s breach.
Realtree brought a breach of contract
counterclaim against Country Breeze, arguing that it did not
violate the License Agreement’s exclusivity provision and that
Country Breeze thus owes it royalties due under the License
precluded summary judgment on both of these breach of contract
See generally Country Breeze Ventures, LLC v. Jordan
1876252 (M.D. Ga. Apr. 15, 2020).
Realtree brought a separate action against J&M, asserting
Realtree claims that J&M was aware of the Mello
Yello campaign and assigned the License Agreement to Country
Breeze without disclosing the Mello Yello deal.
that this action amounts to bad faith that diminished Country
Realtree seeks damages from J&M that were caused by
this alleged breach of § 29.2.
J&M, on the other hand, brought
a counterclaim against Realtree for misrepresentation, asserting
that Realtree misrepresented the scope of the Mello Yello deal,
Case 4:18-cv-00126-CDL Document 116 Filed 02/17/21 Page 3 of 4
damages as a result.
The Court found that genuine fact disputes
precluded summary judgment on both Realtree’s § 29.2 breach of
contract claim and on J&M’s misrepresentation counterclaim.
generally Jordan Outdoor Enterprises, Ltd. v. J&M Concepts, LLC,
No. 4:18-CV-126 (CDL), 2020 WL 2449278 (M.D. Ga. May 12, 2020).
After the Court decided both summary judgment motions, the
Court ordered the parties to show cause why the two actions
should not be consolidated for trial under Federal Rule of Civil
should be consolidated for trial, so the Court entered an order
Order (July 31, 2020), ECF No. 85 in 4:18-
Before the Court entered its order of consolidation but
consolidation, Realtree filed a notice of non-party fault in the
Country Breeze action, requesting apportionment under O.C.G.A.
Notice of Non-Party Fault (July 30, 2020), ECF No.
62 in 4:18-cv-172.
That notice informed Country Breeze that
Realtree sought to argue that J&M breached a duty in tort that
it owed to Country Breeze and that J&M is responsible for any
motion to strike Realtree’s notice of non-party fault, arguing
Case 4:18-cv-00126-CDL Document 116 Filed 02/17/21 Page 4 of 4
contract dispute between Country Breeze and Realtree.
because Realtree’s notice of non-party fault is now moot.
two actions have been consolidated for trial, and Realtree still
has its claim against J&M under § 29.2 of the License Agreement.
In resolving the breach of contract claims between Realtree and
Country Breeze, Realtree’s claim against J&M under § 29.2 of the
License Agreement, and J&M’s misrepresentation claims against
damages attributable to each party in this consolidated action.
Thus, the issues contemplated by the notice of non-party fault
will be litigated at trial based on the claims that are already
For these reasons, the Court finds that Realtree’s
notice of non-party fault is moot, and Country Breeze’s motion
to strike it (ECF No. 88 in 4:18-cv-126) is terminated.
IT IS SO ORDERED, this 17th day of February, 2021.
s/Clay D. Land
CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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