Novus Franchising, Inc. v. Superior Entrance Systems, Inc. et al

Filing 121

JUDGMENT entered granting summary judgment in part in favor of plaintiff and in part in favor of defendant; granting injunctive relief in favor of plaintiff; awarding $12,600 to plaintiff in damages. (WMC/llj) Signed by Peter A. Oppeneer, Clerk of Court on 1/3/2013. (llj)

IN THE UNITED STATES DISTRlCT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NOVUS FRANCHISING, INC,
Plaintiff,

JUDGMENT IN A CIVIL CASE
Case No. 12-ev-204-wme

v.

SUPERlOR ENTRANCE SYSTEMS,
INC, SUPERlOR GLASS, INC, and
I<:NUTE PEDERSEN,
Defendants.

This action came for consideration before the court with District judge William
M. Conley presiding. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that final judgment is entered in favor of
plaintiff:
(I) granting summary judgment as to Counts 2 and 4 (but only for claims for
monthly royalties through November I 1,20 I I), and Counts 3,5 and 12 of its complaint,
and as to Counts 1,4 and 5 of defendants' counterclaim;
(2) finding that there was no material breach of the Franchise Agreement, that the
Franchise Agreement terminated on February 29, 2012, and awarding plaintiff damages in
the amount of $12,600.00 for royalties due and owing under the Franchise Agreement,
equipment lease obligations and loss of equipment; and
(3) enjoining defendants from violating the modified post-termination covenant not
to compete in aULO glass repair for a two year period commencing (a) for defendant Superior

Enterprises Inc., on February 29, 20 I2, and (b) for defendant Knute Pedersen, on the date
he comes into compliance with the covenant.

Page 2

Judgmenl in a Civil Casc

IT IS FURTHER ORDERED AND ADJUDGED that judgment is entered in favor
of defendants granting summary judgment as to Counts I and 4 (but only as to claims for
violation of the in-term covcnant not to compctc) and Counts 8-1 I of plaintiff's complaint.

Approved as form
this 3rd day of January. 2013.

1Rl>

Entered this _v_ day of January, 2013.

eer, Clerk of Co

t