Saratoga Potato Chip Company Inc et al v. Classic Foods Inc et al

Filing 98

ORDER ADOPTING REPORT AND RECOMMENDATIONS of United States Magistrate Judge in their entirety for 91 Motion for Sanctions filed by Saratoga Potato Chip Company Inc, Saratoga Potato Chips LLC: Cuetara is the alter ego of Classic, as alleg ed in Count VI of the amended complaint; and Plaintiff is awarded expenses and fees in the amount of $3,420 against Classic and Cuetara, jointly and severally. The Court denies Plaintiffs motion in all other respects. Signed by Judge Joseph S Van Bokkelen on 12/9/15. (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
Saratoga Potato Chips Company, Inc.,
a/k/a Olde York Potato Chips, et al.,
Plaintiff,

Case No. 1:12-CV-452 JVB

v.
Cuetara Holdings Inc. et al.,
Defendants.
ORDER
The Court referred this case to the Honorable Susan L. Collins, United States Magistrate
Judge for this District, for a Report and Recommendation on Plaintiff’s motion for sanctions (DE
91). On October 29, 2015, Judge Collins issued such a report, recommending that Plaintiff’s
motion be granted in part and that certain sanctions be imposed in part. Judge Collins advised the
parties that they had fourteen days for filing objections to the Report and Recommendation, but,
to date, no objections have been filed.
The Court adopts the report and the recommendations in their entirety. Accordingly, the
Court grants Plaintiff’s motion and rules as follows:
1. For purposes of this action, Cuetara is the alter ego of Classic, as alleged in Count
VI of the amended complaint; and
2. Plaintiff is awarded expenses and fees in the amount of $3,420 against Classic and
Cuetara, jointly and severally.
The Court denies Plaintiff’s motion in all other respects.
SO ORDERED on December 9, 2015.

s/ Joseph S. Van Bokkelen
JOSEPH S. VAN BOKKELEN
UNITED STATES DISTRICT JUDGE