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16-1111 - J & J Sports Productions Incorporated v. Rubio et al


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16-1111 - J & J Sports Productions Incorporated v. Rubio et al
August 1, 2016
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ORDER denying Defendant Jose O. Rubio's 14 Motion to Dismiss for Failure to State a Claim and granting in part and denying in part Plaintiff's 19 Motion to Strike Defendant' Affirmative Defenses. Defendant Grullo's fourth affirmative defense (Doc. 12, paragraph 34) shall be stricken. Defendant Jose O. Rubio shall file an Answer to the Complaint within 14 Days of entry of this Order. Signed by Judge John J Tuchi on 8/1/2016. (ATD)
July 31, 2017
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ORDER - IT IS THEREFORE ORDERED granting in part Plaintiff J & J Sports Productions Incorporated's Motion for Summary Judgment (Doc. 36) as to liability against Defendant Grullo's Fine Mexican Food LLC. IT IS FURTHER ORDERED denying Plaintiff's Motion for Summary Judgment (Doc. 36) as to liability against Defendant Jose O. Rubio in his individual capacity. IT IS FURTHER ORDERED sua sponte granting Defendant Jose O. Rubio summary judgment in his individual capacity. IT IS FURTHER ORDERED granting Plaintiff's request for $9,000 in statutory damages and denying Plaintiff's request for enhanced statutory damages. IT IS FURTHER ORDERED denying Plaintiffs request for sanctions, which Defendants construed as a separate motion and filed a response (Doc. 44). IT IS FURTHER ORDERED that Plaintiff shall file its application for attorneys' fees and costs no later than August 16, 2017. The Court will decide what attorneys' fees and costs will be awarded upon review of the parties' briefing and enter final judgment thereafter. IT IS FURTHER ORDERED directing the Clerk to close this case. (See document for further details). Signed by Judge John J Tuchi on 7/31/17. (SLQ)