Dunkin' Donuts Franchising, LLC et al v. WHD Enterprises, LLC et al

Filing 17

ORDER granting 16 Motion for Default Judgment. Signed by Senior Judge Graham Mullen on 1/30/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Charlotte Division
Civil Action No. 3:12-cv-00656-GCM

DUNKIN' DONUTS FRANCHISING, LLC, et al. )
)
Plaintiffs,
)
)
v.
) DEFAULT JUDGMENT ORDER
)
WHD ENTERPRISES, LLC, et al.,
)
)
Defendants.
)

This day came the Plaintiffs, by counsel, upon their Motion for Entry of Default
Judgment against defendants, WHD Enterprises, LLC (“WHD”), AND Enterprises, LLC
(“AND”) and Waheed Dode (“Dode”) (collectively all three defendants may be referred to
herein as “Defendants”). It appearing to the Court that the Defendants were duly served with
process; that none of the Defendants has responded or otherwise plead within the time required
by law; that all of the Defendants are in default; that default has been entered by the Clerk of this
Court against all Defendants; and that the Motion for Entry of Default Judgment filed by
Plaintiffs is proper and should be granted, it is hereby ORDERED as follows:
A.

that Defendants, as well as their agents, servants and employees, immediately

cease operation of the Dunkin’ Donuts and Baskin-Robbins franchised businesses located at
5089 Beatties Ford Road and 709 Kings Drive in Charlotte, North Carolina, and not hereafter,
directly, indirectly or in any manner whatsoever, use, infringe upon or dilute the Plaintiffs’
trademarks and service marks or, directly or indirectly, represent to the public or hold themselves
out as an authorized Dunkin’ Donuts or Baskin-Robbins operator;
B.

that Defendants shall immediately deliver to Plaintiffs all operating manuals,

plans, specifications and other materials in their possession containing information prepared by

Plaintiffs and relative to operation of their franchised units in Charlotte, NC, and all copies
thereof;
C.

that Defendants shall promptly remove, at their expense, from the specified

franchise business locations in Charlotte, NC recited above all equipment, signs, trade fixtures,
furnishings and other personal property associated with the Dunkin’ Donuts and/or BaskinRobbins trademarks and franchised business system and return to Plaintiffs all trademarked
items;
D.

that Defendants shall immediately disconnect, withdraw and/or terminate any

telephone listings and/or fictitious name registrations containing any of the Dunkin’ Donuts
and/or Baskin-Robbins trademarks, service marks or trade names, or parts thereof;
E.

that Judgment be, and it hereby is, entered in favor of plaintiffs, Dunkin’ Donuts

Franchising, LLC and Baskin-Robbins Franchising, LLC and against defendants, WHD and
Dode, jointly and severally, in the amount of $11,295.86, plus interest on such sum at the rate of
18% per annum from January 16, 2013 until paid;
F.

that Judgment be, and it hereby is, entered in favor of plaintiff, DB Real Estate

Assets I, LLC and against defendants, WHD and Dode, jointly and severally, in the amount of
$64,361.95, plus interest on such sum at the rate of 18% per annum from January 16, 2013 until
paid;
G.

that Judgment be, and it hereby is, entered in favor of plaintiffs, Dunkin’ Donuts

Franchising, LLC and Baskin-Robbins Franchising, LLC and against defendants, AND and
Dode, jointly and severally, in the amount of $15,479.46, plus interest on such sum at the rate of
18% per annum from January 16, 2013 until paid;
H.

that Judgment be, and it hereby is, entered in favor of plaintiff, DB Real Estate

Assets I, LLC and against AND and Dode, jointly and severally, in the amount of $53,913.93,
plus interest on such sum at the rate of 18% per annum from January 16, 2013 until paid;
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I.

that Judgment be, and it hereby is, entered in favor of plaintiff, DB Master

Finance, LLC and against all Defendants, jointly and severally, in the amount of $175,046.99,
plus interest on such sum at the rate of 18% per annum from January 16, 2013 until paid; and
J.

that Judgment be, and it hereby is, entered in favor of Plaintiffs and against all

Defendants, jointly and severally, in the amount of $12,446.21 for attorney’s fees and costs
incurred by Plaintiffs herein.
K.

that this case is now closed.

SO ORDERED.
Signed: January 30, 2013

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