DOCTOR'S ASSOCIATES INC. v. PATEL et al

Filing 12

ORDER granting 9 Motion for Default Judgment; and IT IS HEREBY FURTHER ORDERED that JUDGMENT is entered in favor of Plaintiff and against Rakesh B. Patel and JAI Santoshima, Inc. in the sum of $88,025.44. Signed by Judge Robert B. Kugler on 9/5/2014. (tf, )

NOT FOR PUBLICATION

(Doc. No. 9)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
___________________________________
:
:
DOCTOR’S ASSOCIATES INC.,
:
Plaintiff,
:
: Civil No. 13-1611 (RBK/AMD)
v.
:
: ORDER
RAKESH B. PATEL and JAI
:
SANTOSHIMA, INC.,
:
:
Defendants.
:
___________________________________
KUGLER, United States District Judge:
THIS MATTER having come before the Court upon the unopposed motion of Plaintiff
Doctor’s Associates Inc., upon notice to Defendants, Rakesh B. Patel and JAI Santoshima, Inc.,
and the Court having considered the moving papers, and for the reasons set forth in the
accompanying Opinion issued this date;
IT IS HEREBY ORDERED that Plaintiff’s motion for a default judgment confirming
Arbitration Award # 34475 issued by Mark J. Svonkin on January 14, 2013, and Arbitration
Award # 26746/25696 issued by Eugene M. Fignar on April 12, 2013, is GRANTED; and
IT IS HEREBY FURTHER ORDERED that Arbitration Award # 34475 and
Arbitration Award # 26746/25696 are CONFIRMED against Rakesh B. Patel and JAI
Santoshima, Inc.; and
IT IS HEREBY FURTHER ORDERED that Rakesh B. Patel’s Franchise Agreement
with Plaintiff for the operation of Subway Franchise # 34475, is terminated pursuant to
paragraph 5 of Arbitration Award # 34475; and

IT IS HEREBY FURTHER ORDERED that Rakesh B. Patel’s Franchise Agreement
with Plaintiff for the operation of Subway Franchise # 26746 is terminated pursuant to paragraph
2 of Arbitration Award # 26746/25696; and
IT IS HEREBY FURTHER ORDERED that Rakesh B. Patel’s Franchise Agreement
with Plaintiff for the operation of Subway Franchise # 25696 is terminated pursuant to paragraph
2 of Arbitration Award # 26746/25696; and
IT IS HEREBY FURTHER ORDERED that Rakesh B. Patel and JAI Santoshima, Inc.
are ENJOINED and RESTRAINED from using any trade names, trademarks, service marks,
signs, colors, structures, printed goods, and forms of advertising indicative of the Plaintiff’s
Subway sandwich business and are ordered to return the Operations Manual to Plaintiff, all as
required by paragraph 8(e) of the Franchise Agreement and paragraph 6 of Arbitration Award #
34475; and
IT IS HEREBY FURTHER ORDERED that Defendants Rakesh B. Patel and JAI
Santoshima, Inc. are ENJOINED and RESTRAINED from using any trade names, trademarks,
service marks, signs, colors, structures, point-of-sale software, printed goods and forms of
advertising indicative of the Plaintiff’s sandwich business and are ordered to return the
Operations Manual to Plaintiff, all as required by paragraph 8(e) of the Franchise Agreement and
paragraph 3 of Arbitration Award # 26746/25696; and
IT IS HEREBY FURTHER ORDERED that JUDGMENT is entered in favor of
Plaintiff and against Rakesh B. Patel and JAI Santoshima, Inc. in the sum of $88,025.44, which
includes:

2

1. $28,379.31 pursuant to paragraphs 7, 9, 10, and 11 of Arbitration Award # 34475
and paragraphs 8 and 10 of the Franchise Agreement for Subway Store # 34475;
and
2. $59,646.13 pursuant to paragraphs 4, 6, and 7 of Arbitration Award #
26746/25696 and paragraphs 8 and 10 of the Franchise Agreements for Subway®
Store # 26746 and Subway® Store #25696.
IT IS HEREBY FURTHER ORDERED that Rakesh B. Patel and JAI Santoshima, Inc.
are ENJOINED and RESTRAINED from directly or indirectly engaging in, or assisting one
another to engage in, any sandwich business within three (3) miles of any location in which a
Subway® restaurant operates or operated in the prior year, for a period of one (1) year, and upon
violation of this provision, Rakesh B. Patel and JAI Santoshima, Inc. shall pay Plaintiff
$12,500.00 for each sandwich business location they are associated with in the restricted area in
violation hereof, plus eight percent (8%) of the gross sales of such location during the one (1)
year period, pursuant to paragraph 8 of Arbitration Award # 34475 and paragraph 5 of
Arbitration Award # 26746/25696, and pursuant to paragraph 8(g) of the Franchise Agreements
between the parties; and
IT IS HEREBY FURTHER ORDERED that Plaintiff shall serve a copy of this Order
and Judgment upon all parties within seven (7) days hereof.

Dated: 9/5/2014

s/ Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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