Purjes v. Diginext

Filing 51

MEMORANDUM DECISION AND ORDER-granting #39 Motion for Summary Judgment ; granting #42 Motion to Dismiss. Defendant and Counterclaimant Diginext's counterclaims against Plaintiff and Third-Party Defendant Eating You Alive, LLC are DISMISSED as MOOT. See Order for additional details. Signed by Judge Clark Waddoups on 5/4/18. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH CENTRAL DIVISION
DAN PURJES, an individual and resident of
the State of Utah, and Trustee of PURJES
FOUNDATION,
Plaintiff and Counterclaim
Defendant,
v.

MEMORANDUM DECISION AND
ORDER

DIGINEXT, LLC, a Delaware Limited
Liability Company,

Case No. 2:17-CV-1190

Defendant and Counterclaimant,

Judge Clark Waddoups

v.
EATING YOU ALIVE, LLC, a Tennessee
Limited Liability Company,
Third-Party Defendant.

This matter is before the court on a Motion for Summary Judgment filed by Plaintiff Dan
Purjes and a Motion to Dismiss Eating You Alive, LLC’s counterclaim filed by Defendant
Diginext, LLC. A hearing on the motions was held before the Honorable Clark Waddoups on
May 3, 2018. Gregory D. Phillips and Jared L. Cherry appeared on behalf of Plaintiff and ThirdParty Defendant and Evan S. Strassberg appeared on behalf of Defendant and Counterclaimant.
After due consideration of the parties’ filings and oral arguments, and otherwise being fully
advised,
IT IS HEREBY ORDERED, for the reasons stated on the record, that Plaintiff’s Motion
for Summary Judgment (ECF No. 39) is GRANTED. Plaintiff is awarded a Declaratory
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Judgment that the Purjes Foundation has all rights in the Film Eating You Alive and that
Diginext has no rights in the film. In light of this ruling, Defendant and Counterclaimant
Diginext’s counterclaims against Plaintiff and Third-Party Defendant Eating You Alive, LLC are
DISMISSED as MOOT. Defendant and Counterclaimant Diginext’s Motion to Dismiss ThirdParty Defendant Eating You Alive, LLC’s counterclaims (ECF No. 42) is GRANTED for lack of
Article III standing. These counterclaims are dismissed without prejudice. The court directs the
Clerk of Court to close this case.
DATED this 4th day of May, 2018.
BY THE COURT:

______________________________
Clark Waddoups
United States District Court Judge

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