ERA Franchise Systems, LLC et al v. Kings Realty #1, et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION - The Court ADOPTS the Report and Recommendation in its entirety, except as to the amount due for interest on the past due fees. Accordingly, Dft is ORDERED to pay $14,542.00 in past due fees, $107,9 73.00 in lost future profits, $5,671.38 in interest on the past due fees through 7/31/09, $8,237.25 in attorneys' fees, and $564.00 in costs, totaling $136,988.23. Dft is permanently ENJOINED form using ERA Franchise Systems, LLC trademarks, service marks, and logos. Dft is ORDERED to submit its records for an audit to determine the amount of profit that has been derived from the unauthorized use of the ERA Marks. Upon completion of the audit, Pltff may ask the Court for an order directing Dft to pay that amount, minus any offsets by the award of lost profits, plus treble damages, and attorneys' fees and costs. Ordered by Judge Joanna Seybert on 7/30/09. C/ECF; Counsel is directed to notify all parties of this Order. (Valle, Christine)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------X ERA FRANCHISE SYSTEMS, LLC f/k/a ERA FRANCHISE SYSTEMS, INC., Plaintiff, -againstKINGS REALTY #1, INC., and KEVIN J. HANSON, ORDER ADOPTING REPORT AND RECOMMENDATION 07-CV-5319 (JS)(WDW) Defendants. --------------------------------------X APPEARANCES: For Plaintiff: Ronald A. Giller, Esq. Matthew Joseph Koster, Esq. Gordon & Rees LLP 90 Broad Street, 23rd Floor New York, NY 10004 For Defendants: No Appearance SEYBERT, District Judge: Magistrate Judge William D. Wall issued a Report and Recommendation ("R&R") on February 23, 2009. As part of the R&R, Judge Wall provided that any objections were to be filed with the Clerk of the Court within ten days of service of the R&R. The time for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived. Upon careful review and consideration, the Court ADOPTS the R&R in its entirety, except as to the amount due for interest on the past due fees. Accordingly, Defendant is ORDERED to pay $14,542.00 in past due fees, $107,973.00 in lost future profits, $5,671.38 in interest on the past due fees through July 31, 2009, $8,237.25 in attorneys' fees, and $564.60 in costs, totaling $136,988.23. Defendant is permanently ENJOINED from using ERA Franchise Systems, LLC trademarks, service marks, and logos ("ERAŽ Marks"). Defendant is ORDERED to submit its records for an audit to determine the amount of profit that has been derived from the unauthorized use of the ERAŽ Marks. Upon completion of the audit, Plaintiff may ask the Court for an order directing Defendant to pay that amount, minus any offsets by the award of lost profits, plus treble damages, and attorneys' fees and costs. SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: July 30, 2009 Central Islip, New York

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