DUNKIN' DONUTS FRANCHISED RESTAURANTS, LLC et al v. CLAUDIA I, LLC et al

Filing 133

MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS AND AGAINST DEFENDANTS CLAUDIA I, LLC, LYNNE K. MAROTTA, MANFRED P. MAROTTA IN THE AMOUNT OF $212,724.57 (JUDGMENT ON THE MERITS) PLUS $203,803.34 (ATTORNEYS' FEES AND COSTS), FOR A TOTAL OF $416,527.91. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD A. MCHUGH ON 12/12/14. 12/12/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DUNKIN’ DONUTS FRANCHISING, LLC
et al.,
Plaintiffs,

:
:
:
:
v.
:
:
CLAUDIA I, LLC et al.,
:
Defendants,
:
:
and
:
:
CLAUDIA I, LLC et al.,
:
Third Party Plaintiffs, :
v.
:
:
SPRING HILL REALTY, INC.,
:
Third Party Defendant. :

CIVIL ACTION
No. 12-2010

ORDER
This 12th day of December, 2014 it is ORDERED as follows:
1. For the reasons explained in the Court’s Memorandum of October 20, 2014:
a. As to Plaintiffs’ Count I, alleging breach of franchise agreement and sublease,
judgment is entered in favor of Plaintiffs and against Defendants.
b. As to Plaintiffs’ Counts II and III, alleging trademark infringement and unfair
competition, judgment is entered in favor of Plaintiffs and against Defendants.
c. As to Plaintiffs’ Count IV, seeking enforcement of the restrictive covenant,
judgment is entered in favor of Plaintiffs and against Defendants.
d. The injunction issued by Judge Stengel on May 17, 2013 is permanent.

e. As to Defendants’ Count III, breach of contract against Spring Hill and Dunkin’,
judgment is entered in favor of Plaintiffs and Spring Hill and against Defendants.
f. As to Defendants’ Count V, breach of franchise agreement against Plaintiffs,
judgment is entered in favor of Plaintiffs and against Defendants.
g. As to Defendants’ Count VII, tortious interference with the Franchise Agreement
against Spring Hill, judgment is entered in favor of Spring Hill and against
Defendants.
h. As stated in the Memorandum, the total judgment, not including reasonable
attorneys’ fees, awarded against Defendants to Dunkin’ was $212,724.57.
2. For the reasons explained in the Court’s Memorandum accompanying this Order relating
to reasonable attorneys’ fees:
a. Plaintiffs are awarded attorneys’ fees and costs against Defendants in the amount
of $203,803.34.
b. Spring Hill’s request for an award of attorneys’ fees against Plaintiffs or
Defendants is DENIED.
3. Judgment is entered in favor of Plaintiffs and against Defendants Claudia I, LLC,
Manfred P. Marotta, and Lynne K. Marotta in the amount of $212,724.57 (judgment on
the merits) plus $203,803.34 (attorneys’ fees and costs), for a total of $416,527.91.
4. The Clerk of Court shall close this case for statistical purposes.

/s/ Gerald Austin McHugh
United States District Court Judge