Dunkin' Donuts Franchising LLC et al v. SAI Food & Hospitality, LLC et al

Filing 259

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs / Counterclaim Defendants motion to to permit registration, pursuant to 28 U.S.C. § 1963, of the judgment entered on May 16, 2014, in the United States District Court for the District of New Jersey is GRANTED. (Doc. No. 257.) Signed by District Judge Audrey G. Fleissig on 1/5/15. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DUNKIN= DONUTS FRANCHISING
LLC; DD IP HOLDER LLC; BASKINROBBINS FRANCHISING LLC; and BR
IP HOLDER LLC,

)
)
)
)
)
Plaintiffs / Counterclaim Defendants, )
)
vs.
)
)
SAI FOOD HOISPITALITY, LLC,
)
JAYANT PATEL, and ULKA PATEL,
)
)
Defendants / Counterclaim Plaintiffs, )
)
DUNKIN’ BRANDS GROUP INC. and
)
DUNKIN’ BRANDS INC.,
)
)
Counterclaim Defendants.
)

Case No. 4:11CV01484 AGF

MEMORANDUM AND ORDER
This case is before the Court on the motion of Plaintiffs / Counterclaim Defendants
to permit registration, pursuant to 28 U.S.C. § 1963, of the judgment entered on May 16,
2014, in the United States District Court for the District of New Jersey. Plaintiffs
represent that granting their motion is warranted becasue Defendants have not posted a
supersedeas bond pursuant to Federal Rule of Civil Procedure 62(d) in connection with
their appeal of the judgment; Defendants lack sufficient assets in Missouri to satisfy the
judgment; Defendant Kamlesh Patel, a resident of New Jersey, has assets in that state that
could be used to satisfy the judgment; and Plaintiffs have reason to believe that Kamlesh
Patel has transferred and concealed the majority of those assets for the purpose of

hindering Plaintiffs’ collection efforts. Defendants have not responded to the motion, and
the time to do so has expired.
Under 28 U.S.C. § 1963, a district court may order that its judgment for the recovery
of damages be registered in another district court, even while an appeal is pending, “for
good cause shown.” A review of Plaintiffs’ unopposed motion and the documents
attached thereto persuades the Court that the relief sought by Plaintiffs should be granted.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs / Counterclaim Defendants’ motion to
to permit registration, pursuant to 28 U.S.C. § 1963, of the judgment entered on May 16,
2014, in the United States District Court for the District of New Jersey is GRANTED.
(Doc. No. 257.)

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 5th day of January, 2015.

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