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08-3830 - QVC, INC. v. MJC AMERICA, LTD.


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08-3830 - QVC, INC. v. MJC AMERICA, LTD.
July 18, 2011
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/18/11. 7/18/11 ENTERED AND COPIES E-MAILED.(fdc)
July 18, 2011
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MEMORANDUM AND ORDER THAT QVC'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT V OF PLAINTIFF'S COMPLAINT, WHICH PERTAINS TO UNSOLD HEATERS, IS DENIED. QVC'S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS VII, IX, AND XI OF PLAINTIFF'S COMPLAINT IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF QVC AND AGAINST MJC AMERICA, LTD. D/B/A SOLEUS INTERNATIONAL, INC. IN THE AMOUNT OF $284,353.75 FOR QVC'S DAMAGES FOR SHIPPED CUSTOMER RETURN MERCHANDISE. JUDGMENT IS ENTERED IN FAVOR OF QVC AND AGAINST MJC AMERICA, LTD. D/B/A SOLEUS INTERNATIONAL, INC. FOR PREJUDGEMENT INTEREST FOR SHIPPED CUSTOMER RETURN MERCHANDISE IN THE AMOUNT OF $55,667.34. IT IS FURTHER ORDERED THAT THE CASE IS LISTED FOR TRIAL TO COMMENCE ON MONDAY, 10/3/11 AT 10:00 AM IN COURTROOM 4A OF THE USDC FOR THE EDPA, 601 MARKET ST., PHILA. PA. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/18/11. 7/19/11 ENTERED AND COPIES E-MAILED.(fdc)
July 18, 2011
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/18/11. 7/19/11 ENTERED AND COPIES E-MAILED.(fdc)
July 18, 2011
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MEMORANDUM AND ORDER THAT PLAINTIFF AND COUNTERCLAIM-DEFENDANT QVC'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT II OF THE AMENDED COUNTERCLAIM OF DEFENDANT AND COUNTERCLAIM-PLAINTIFF MJC AMERICA, LTD., D/B/A SOLEUS INTERNATIONAL, INC. IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF QVC, INC. AND AGAINST MJC AMERICA, D/B/A SOLEUS INTERNATIONAL, INC. AS TO COUNT II OF DEFENDANT'S AMENDED COUNTERCLAIM. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/18/11. 7/19/11 ENTERED AND COPIES E-MAILED.(fdc)
August 24, 2011
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MEMORANDUM AND ORDER THAT THE ABOVE-CAPTIONED CASE IS REFERRED TO MAGISTRATE JUDGE L. FELIPE RESTREPO FOR A SETTLEMENT CONFERENCE; AND THE TRIAL PRESENTLY SCHEDULED FOR MONDAY, 10/3/11 AT 10:00 AM IS RESCHEDULED TO MONDAY, 11/14/11 AT 10:00 AM IN COURTROOM 4A BEFORE HONORABLE THOMAS N. ONEILL JR. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/24/11. 8/25/11 ENTERED AND COPIES E-MAILED.(fdc)
January 4, 2012
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/4/12. 1/4/12 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
January 4, 2012
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MEMORANDUM AND ORDER THAT QVC'S MOTION TO EXCLUDE CERTAIN OPINION TESTIMONY OF SOLEUS' EXPERT HARRY EHRLICH IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/4/12. 1/4/12 ENTERED AND COPIES E-MAILED.(fdc)
January 6, 2012
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/6/12. 1/6/12 ENTERED AND COPIES E-MAILED.(fdc)
January 6, 2012
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MEMORANDUM AND ORDER THAT SOLEUS' MOTION IN LIMINE CONCERNING EVIDENCE OF CUSTOMER COMPLAINTS IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/6/12. 1/6/12 ENTERED AND COPIES E-MAILED.(fdc)
October 22, 2012
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/22/2012. 10/23/2012 ENTERED AND COPIES E-MAILED. (ems)
October 22, 2012
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MEMORANDUM AND/OR OPINION ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND COUNTERCLAIM-DEFENDANT QVC, INC. AND AGAINST DEFENDANT AND COUNTERCLAIM-PLAINTIFF MJC AMERICA, LTD. D/B/A SOLEUS INTERNATIONAL, INC. AS OUTLINED HEREIN. THE CLERK OF COURT SHALL ENTER JUDGMENT IN FAVOR OF PLAINTIFF AND COUNTERCLAIM-DEFENDANT QVC, INC. AND AGAINST DEFENDANT AND COUNTERCLAIM-PLAINTIFF MJC AMERICA, LTD. D/B/A SOLEUS INTERNATIONAL, INC. IN THE AMOUNT OF $1,681,806.84. IT IS FURTHER ORDERED THAT QVC MAY, ON OR BEFORE 11/13/2012, FILE A MOTION TO REVISE THE JUDGMENT TO INCLUDE ITS REASONABLE ATTORNEY'S FEES AND A CALCULATION OF ITS PREJUDGMENT INTEREST. IF QVC FILES SUCH A MOTION, DEFENDANT SHALL FILE A RESPONSE TO SUCH MOTION ON OR BEFORE 12/3/2012. IT IS FURTHER ORDERED THAT SOLEUS SHALL ACCEPT FROM QVC RETURN OF THE UNSOLD AND UNSHIPPED HEATERS AND UNSHIPPED OTHER MERCHANDISE REMAINING IN QVC'S INVENTORY. IT IS STILL FURTHER ORDERED THAT QVC'S OBJECTION TO CERTAIN EXHIBITS OFFERED INTO EVIDENCE BY SOLEUS (DOC. NO. 99) IS DENIED AS MOOT. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 10/22/2012. 10/23/2012 ENTERED AND COPIES E-MAILED. (ems)
August 5, 2013
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/5/13. 8/5/13 ENTERED AND COPIES EMAILED.(rf, )
August 5, 2013
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MEMORANDUM AND ORDER THAT MOTION TO REVISE JUDGMENT IS GRANTED AND COURTS ORDER OF 10/22/12 (DOC. 103) IS AMENDED TO INCLUDE AN AWARD OF ATTORNEY FEES AND COSTS AND PREJUDGMENT INTEREST AS FOLLOWS: SOLEUS IS LIABLE TO QVC FOR $719,411.76 IN REASONABLE ATTORNEYS FEES PAID TO SAUL EWING, LLP. SOLEUS IS LIABLE TO QVC FOR $16,632.00 IN REASONABLE ATTORNEYS FEES PAID TO BROWN&GIDDING, P.C. SOLEUS IS LIABLE TO QVC FOR $157,811.99 IN COSTS AND EXPENSES PAID TO SAUL EWING, LLP. SOLEUS IS LIABLE TO QVC FOR $645.71 IN COSTS AND EXPENSES PAID TO BROWN&GIDDING, PC. SOLEUS IS LIABLE TO AVC FOR $415,486.57 IN PREJUDGMENT INTEREST FOR QVC'S HEATER RELATED DAMAGES AND SOLEUS IS LIABLE TO QVC FOR $43,783.21 IN PREJUDGMENT INTEREST FOR QVC'S DAMAGES RELATED TO OTHER MERCHANDISE. AS AMENDED, JUDGMENT IS ENTERED IN FAVOR PLAINTIFFS AND COUNTERCLAIM-DEFENDANT QVC, INC AND AGAINST DEFENDANT COUNTERCLAIM PLAINTIFF MJC AMERICA, LTD. D/B/A SOLEUS, INTERNATIONAL, INC. IN THE AMOUT OF $3,035,578.08. ALL OTHER PROVISIONS IN THE COURTS ORDER AND JUDGMENT DATED 10/22/12 (DOC. 103) SHALL REMAIN AS ORIGINALLY STATED.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/5/13. 8/5/13 ENTERED AND COPIES EMAILED.(rf, )