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05-3243 - Cheesecake Factory Assets, Co. LLC et al v. Philadelphia Chees Steak Factory, Inc. et al


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05-3243 - Cheesecake Factory Assets, Co. LLC et al v. Philadelphia Chees Steak Factory, Inc. et al
July 31, 2006
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ORDER. This court's March 27, 2006 electronic Order denying without prejudice Plaintiff Cheesecake Factory's motion for Default Judgment against the corporate defendant in this matter, The Philadelphia Cheese Steak Factory, Inc. was filed in error and is hereby VACATED. See attached Order for details. So Ordered by Judge Nicholas G. Garaufis on 7/31/06. (Meltzer, Nora)
November 30, 2006
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REPORT AND RECOMMENDATION - By order dated July 31, 2006, the Hon. Nicholas G. Garaufis, United States District Judge, referred plaintiffs' motion for entry of a default judgment to me to conduct an inquest and issue a report and recommendation. For the reasons stated in the attached Report & Recommendation, I respectfully recommend that plaintiffs be awarded $18,176.25 in attorney's fees and $1,995.57 in costs, for a total of $20,171.82. Any objections to this Report and Recommendation must be filed with the Clerk of the Court, with courtesy copies to Judge Garaufis and to my chambers, within ten (10) business days. Failure to file objections within the specified time waives the right to appeal the District Court's order. See 28 U.S.C. Section 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e). Ordered by Judge Robert M. Levy on 11/30/06. (Marino, Janine)
June 20, 2008
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ORDER ADOPTING 37 Report and Recommendations and PERMANENT INJUNCTION: The Court has reviewed the R&R and is satisfied that there is no clear error on the face of the record. The court will therefore order that the Cheesecake Factory be awarded $18,176.25 in attorney's fees and $1,995.57 in costs, for a total of $20,171.82. Cheese Steak Factory is permanently enjoined from using any of the Cheesecake Factory Marks or any mark or logo that is confusingly similar, etc. Cheese Steak Factory shall pay to the Cheesecake Factory its reasonable attorney's fees and costs incurred in this action in the amount of $20,171.82. Such payment shall be made within thirty (30) days after the entry and service of this Order. Ordered by Judge Nicholas G. Garaufis on 6/17/2008. (c/m-ecf, c/m-US Patent Office ) (Lee, Tiffeny)