Pars Ice Cream Company, Inc. et al v. Conopco, Inc.

Filing 162

ORDER Adopting Report and Recommendation of Special Master. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PARS ICE CREAM COMPANY, INC., and
PARS ICE CREAM CALIFORNIA, INC.,
Plaintiffs,
v.

Case No. 12-15598
HON. AVERN COHN

CONOPCO, INC., d/b/a UNILEVER,
Defendant / Counter-Plaintiff,
v.
DAVOUD SADEGHI, SHELLEY TRAYWICK,
PARS ICE CREAM COMPANY, INC., and
PARS ICE CREAM CALIFORNIA, INC.,
Counter-Defendants.
______________________________________/

ORDER ADOPTING RECOMMENDATIONS OF SPECIAL MASTER
I.
On March 25, 2015, the Court appointed Michael Sapala as Special Master to:
(1) resolve the parties’ dispute over who owns which freezers in Michigan and the
location of the Unilever-owned freezers, and (2) facilitate the return of the Unileverowned freezers to Unilever. (See Doc. 151)
The parties submitted initial statements to the Special Master, met with the
Special Master four times, and participated in four telephonic conferences. At their May
29, 2015 meeting, the Special Master requested that each party submit proposed

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factual findings; each side complied. During the June 24, 2015 meeting, the Special
Master heard arguments from the parties and objections to his recommendations, The
Special Master then issued his recommendations on June 25, 2015. (Doc. 156, Ex. 1)
II.
Unilever has moved the Court to adopt the recommendations of the Special
Master, to which Pars has filed a response and objections. Pars objections to the
Special Master’s recommendations are addressed in a separate Memorandum. (Doc.
161) The Court finds the objections lack merit.
III.
Accordingly, the Court adopts the recommendations of the Special Master and
orders the following:
1. The freezers listed in Exhibit A to the Special Master’s recommendation are
deemed to be owned by Unilever;
2. Pars, Mr. Sadeghi, and any entity affiliated with Mr. Sadeghi are enjoined from
servicing or stocking the freezers owned by Unilever;
3. All parties are enjoined from interfering with Unilever’s freezer ownership rights
or the freezer return process;
4. Unilever shall be responsible for collecting its freezers from where they are
located.

Pars shall bear the costs associated with collecting the freezers,

including, as necessary, paying retailers for the product in the freezers and
moving the freezers to a location designated by Unilever;
5. Pars shall pay the freezer return costs within 30 days of receipt of an appropriate

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invoice from Unilever;
6. All parties shall comply with the document production schedule set out by the
Special Master on June 25, 2015, with the goal of resolving the dispute over the
locations of the Unilever-owned freezers. However, to the extent certain dates
have already passed, the parties shall confer with the Special Master to set
alternative dates.
SO ORDERED.
s/Avern Cohn
Avern Cohn
United States District Judge
Dated: August 3, 2015

I hereby certify that a copy of the foregoing document was served upon counsel of record
on August 3, 2015, by electronic and/or ordinary mail

s/Julie Owens
Case Manager

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