VINO 100, LLC et al v. SMOKE ON THE WATER, LLC et al

Filing 60

MEMORANDUM AND/OR OPINION ORDER THAT THE MOTION OF PLAINTIFFS VINO 100, LLC AND THE TINDER BOX INTERNATIONAL, LTD. FOR SUMMARY JUDGMENT (DOC. #53) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE HARVEY BARTLE, III ON 3/30/2012; 3/30/2012 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
VINO 100, LLC, et al.

:
:
v.
:
:
SMOKE ON THE WATER, LLC, et al. :

CIVIL ACTION

NO. 09-4983

ORDER
AND NOW, this 30th day of March, 2012, for the reasons
set forth in the accompanying Memorandum, it is hereby ORDERED
that:
(1)

the motion of plaintiffs Vino 100, LLC and The

Tinder Box International, Ltd. for summary judgment (Doc. #53) is
GRANTED in part and DENIED in part;
(2)

the motion of plaintiff The Tinder Box

International, Ltd. for summary judgment on Counts I and II of
the complaint (Doc. #53) is GRANTED in the amount of $69,458.55
against defendants Smoke on the Water, LLC, Thomas Slaterbeck,
and Jane Slaterbeck, jointly and severally;
(3)

the motion of plaintiffs Vino 100, LLC and The

Tinder Box International, Ltd. for summary judgment on Counts III
and IV of the complaint (Doc. #53) is GRANTED in the amount of
$73,889.61 in past-due royalties and $12,000 in contract
termination fees for a total of $85,889.61 against defendants
Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck,
jointly and severally;

(4)

the motion of plaintiffs Vino 100, LLC and The

Tinder Box International, Ltd. for summary judgment on Counts III
and IV of the complaint (Doc. #53) is DENIED to the extent
plaintiffs seek royalties due after October 16, 2009, interest of
18% per annum on past-due royalties, and attorney's fees;
(5)

the motion of plaintiff The Tinder Box

International, Ltd. for summary judgment on Count V of the
complaint (Doc. #53) is GRANTED as to the issue of liability;
(6)

the motion of plaintiff The Tinder Box

International, Ltd. for summary judgment on Count V of the
complaint (Doc. #53) is DENIED as to the issue of damages;
(7)

the motion of plaintiffs Vino 100, LLC and The

Tinder Box International, Ltd. for summary judgment on Count VI
of the complaint (Doc. #53) is GRANTED as to the issue of
liability;
(8)

the motion of plaintiffs Vino 100, LLC and The

Tinder Box International, Ltd. for summary judgment on Count VI
of the complaint (Doc. #53) is DENIED as to the issue of damages;
and
(9)

the motion of Vino 100, LLC and The Tinder Box

International, Ltd. for summary judgment on Counts I and VII of
the counterclaim of Smoke on the Water, LLC, Thomas Slaterbeck,
and Jane Slaterbeck (Doc. #53) is GRANTED.
BY THE COURT:

/s/ Harvey Bartle III
J.
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