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Vino 100, LLC, et al. v. Smoke On the Water

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 30, 2012

VINO 100, LLC, ET AL.
v.
SMOKE ON THE WATER, LLC, ET AL.

The opinion of the court was delivered by: Harvey Bartle III J.

ORDER

AND NOW, this 30th day of March, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

(1) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment (Doc. #53) is GRANTED in part and DENIED in part;

(2) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Counts I and II of the complaint (Doc. #53) is GRANTED in the amount of $69,458.55 against defendants Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck, jointly and severally;

(3) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Counts III and IV of the complaint (Doc. #53) is GRANTED in the amount of $73,889.61 in past-due royalties and $12,000 in contract termination fees for a total of $85,889.61 against defendants Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck, jointly and severally;

(4) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Counts III and IV of the complaint (Doc. #53) is DENIED to the extent plaintiffs seek royalties due after October 16, 2009, interest of 18% per annum on past-due royalties, and attorney's fees;

(5) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Count V of the complaint (Doc. #53) is GRANTED as to the issue of liability;

(6) the motion of plaintiff The Tinder Box International, Ltd. for summary judgment on Count V of the complaint (Doc. #53) is DENIED as to the issue of damages;

(7) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Count VI of the complaint (Doc. #53) is GRANTED as to the issue of liability;

(8) the motion of plaintiffs Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Count VI of the complaint (Doc. #53) is DENIED as to the issue of damages; and

(9) the motion of Vino 100, LLC and The Tinder Box International, Ltd. for summary judgment on Counts I and VII of the counterclaim of Smoke on the Water, LLC, Thomas Slaterbeck, and Jane Slaterbeck (Doc. #53) is GRANTED.

BY THE COURT:

20120330

© 1992-2012 VersusLaw Inc.



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