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

Filing 71

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION 50 IS GRANTED. IT IS FURTHER ORDERED DEFENDANTS ARE ENJOINED FROM HOLDING THEMSELVES OUT AS AUTHORIZED DUNKIN' DONUTS AND BASKIN-ROBBINS BRAND FRANCHISEES AND FROM OC CUPYING THE BRANDED SUBLEASED PREMISES LOCATED AT 505 OLD YORK ROAD, JENKINTOWN, PA 19046. THAT DEFENDANTS SHALL SURRENDER THE PREMISES AT 505 OLD YORK ROAD, JENKINTOWN, PA TO PLAINTIFFS WITHIN 48 HOURS IN A MANNER SUGGESTED BY PLAINTIFFS TO MINIMIZE CUSTOMER DISRUPTION, AND CEASE AND DESIST OPERATION OF THE DUNKIN' DONUTS AND BASKIN-ROBBINS FRANCHISE AT THE PREMISES AT THE TIME OF SURRENDER, UNTIL FURTHER ORDER OF THIS COURT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/16/13. 5/17/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DUNKIN’ DONUTS FRANCHISED
RESTAURANTS, LLC, DD IP
HOLDER, LLC, BASKIN-ROBBINS
FRANCHISED RESTAURANTS,
LLC and DB REAL ESTATE
ASSETS I, LLC,
Plaintiffs,
v.
CLAUDIA I, LLC, MANFRED P.
MAROTTA and LYNNE K.
MAROTTA,
Defendants.
v.
SPRING HILL REALTY, INC.,
Third Party Defendant.

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CIVIL ACTION

No. 12-2010

ORDER
AND NOW, this 16th day of May, 2013, upon consideration of the Plaintiffs’
Motion for Preliminary Injunction (Doc. No. 50), all responses and replies thereto and
following a hearing on Monday, May 13, 2013, it is hereby ORDERED that the Motion
is GRANTED.
It is FURTHER ORDERED Defendants are enjoined from holding themselves
out as authorized DUNKIN’ DONUTS and BASKIN-ROBBINS brand franchisees and
from occupying the branded subleased premises located at 505 Old York Road,
Jenkintown, PA 19046. That Defendants shall surrender the premises at 505 Old York
Road, Jenkintown, PA to Plaintiffs within 48 hours in a manner suggested by Plaintiffs to

minimize customer disruption, and cease and desist operation of the DUNKIN’ DONUTS
and BASKIN-ROBBINS franchise at the premises at the time of surrender, until further
order of this Court.

BY THE COURT:

/s/LAWRENCE F. STENGEL
LAWRENCE F. STENGEL, J.