Herb Reed Enterprises, LLC v. The World Famous Platters Road Shows I LLC et al, No. 8:2014cv00056 - Document 59 (M.D. Fla. 2014)
Court Description: ORDER granting 56 Motion for award of damages. The Clerk of Court is directed to enter Final Judgment in favor of PlaintiffHerb Reed Enterprises, LLC and against Defendants The World Famous Platters Road Shows I LLC, Eddie Stovall, Lawrence Lockard, J.T. Marshall, and Andre Shepard, jointly and severally,in the amount of $281,773.77, and thereafter close this case. Signed by Judge Elizabeth A. Kovachevich on 10/22/2014. (SN)
Download PDF
<![CDATA[
Herb Reed Enterprises, LLC v. The World Famous Platters Road Shows I LLC et al Doc. 59 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION HERB REED ENTERPRISES, LLC Plaintiff, CASE NO.: 8:14-cv-56-T-17-AEP v. THE WORLD FAMOUS PLATTERS ROAD SHOWS I LLC, EDDIE STOVALL, LAWRENCE LOCKARD, J.T. MARSHALL, YOLANDA FLETCHER, and ANDRE SHEPARD, Defendants ORDER ON PLAINTIFF’S MOTION FOR AN AWARD OF DAMAGES UPON CONSIDERATION of the Plaintiffs Motion for an Award of Damages, the supporting memorandum of points and authorities, the supporting declarations and evidence, the record in this case, and for other good cause shown, THE COURT HEREBY FINDS THAT: 1. Plaintiff is entitled to damages based on Defendants’ profits because Defendants’ infringement was willful and deliberate. 2. In assessing profits, the Plaintiff is only required to prove Defendants’ sales; Defendants must prove all elements of cost or deduction claimed. 3. Plaintiff has submitted evidence demonstrating that Defendants have not provided complete financial records and have engaged in conduct in this case so as to frustrate proof of damages. 4. Based on documents produced by the Defendants, and on the additional evidence Plaintiff has found related to Defendants’ performances both domestically and abroad, Plaintiff has calculated reasonable sales to be $281,773.77. Dockets.Justia.com 5. Defendants have not filed an opposition to Plaintiffs motion or otherwise provided evidence to contradict Plaintiffs damages calculation, and the Court finds no reason to adjust Plaintiffs calculations. It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiffs Motion for an Award of Damages is granted. The Clerk of Court is directed to enter Final Judgment in favor of Plaintiff Herb Reed Enterprises, LLC and against Defendants The World Famous Platters Road Shows I LLC, Eddie Stovall, Lawrence Lockard, J.T. Marshall, and Andre Shepard, jointly and severally, in the amount of $281,773.77, and thereafter close this case. IT IS SO ORDERED ENTERED this f?3Aay of( Q d k W 014. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
