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07-1455 - Century 21 Real Estate LLC v. Raritan Bay Realty, Ltd. et al


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07-1455 - Century 21 Real Estate LLC v. Raritan Bay Realty, Ltd. et al
May 9, 2007
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MEMORANDUM AND OPINION. For the reasons set in the attached Memorandum Opinion and Order, plaintiff's motion for a preliminary injunction is granted. Ordered by Judge Charles P. Sifton on 5/9/07.
July 24, 2008
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REPORT AND RECOMMENDATIONS re 26 MOTION for Default Judgment as to Raritan Bay Realty Ltd., Frank Rivela and Diane Rivela filed by Century 21 Real Estate LLC -- For the reasons set forth in the attached document, I respectfully recommend that the court enter a default judgment against the defendants on the Lanham Act claim, and that it award Century 21 injunctive relief and litigation costs including reasonable attorneys' fees in the amount of $10,644.84. I further recommend that RBR be required to submit to an audit of its books and records, and that Century 21 be permitted within 30 days of completion of the audit to adduce additional evidence of the amount of the defendants' ill-gotten profits from their unauthorized use of the Century 21 Marks. Any subsequent award based on such profits should be trebled to reflect the defendants' bad faith. Finally, because Century 21 has failed to prove any damages on the contract claims, I respectfully recommend that the court award only nominal damages in the amount of one dollar per claim, for a total of four dollars, on those causes of action. I direct the plaintiff to serve a copy of this Report and Recommendation on each defendant by certified mail, and to file proof of service with the court no later than July 31, 2008. Objections to R&R due by 8/15/2008. SEE ATTACHED DOCUMENT. Ordered by Magistrate Judge James Orenstein on July 24, 2008. (Kochendorfer, Kate)
September 3, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 33 Report and Recommendations. Plaintiff is to settle a judgment on notice not later than 9-23-08. Ordered by Senior Judge Charles P. Sifton on 9/2/2008. (Kessler, Stanley)