Free Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. Century 21 Real Estate Corporation, a Delaware corporation doing business in the State of Arizona, Does(s) 1 through 100, Counterdefendants. WHEREAS, on November 28, 2005, the Court granted Century 21 Real Estate Corporation's motion to dismiss the counterclaim solely as to Defendant/Counterclaimant Integrity Assurance, Inc. WHEREAS, on September 19, 2006, the Court granted in part Century 21 Real Daryush B. Motlagh and Jennifer Motlagh, husband and wife; Integrity Assurance, Inc., an Arizona corporation, Counterclaimants, v. Daryush B. Motlagh and Jane Doe Motlagh, husband and wife; Integrity Assurance, Inc. an Arizona corporation, Defendants. JUDGMENT UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Century 21 Real Estate Corporation, Plaintiff, No. CIV 03 2353-PHX-DGC

Case 2:03-cv-02353-DGC

Document 96

Filed 01/05/2007

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Estate Corporation's motion for summary judgment as it related to the counterclaim that Daryush and Jennifer Motlagh continued to assert after the Court's November 28, 2005 Order. WHEREAS, on October 27, 2006, the parties submitted a Stipulation for Entry of Permanent Injunction To Dismiss Century 21 Real Estate Corporation's Claims Without Prejudice; WHEREAS, on November 14, 2006, the Court entered the Permanent Injunction stipulated to by the parties; WHEREAS, on November 14, 2006, the Court entered an Order Dismissing Counts Two, Three and Four of the Verified Complaint Without Prejudice; IT IS ORDERED as follows: 1. Judgment is entered in Century 21's favor and against Defendants on

Count One (Lanham Act) of the Verified Complaint pursuant to the terms of the Permanent Injunction. The parties reserve all rights to claims and defenses for attorneys' fees and taxable costs related to this claim. 2. Judgment is entered on the counterclaim in Century 21's favor and against

Integrity Assurance, Inc. and Daryush and Jennifer Motlagh. The parties reserve all rights to claims and defenses for attorneys' fees and taxable costs related to the counterclaims. 3. Judgment is entered dismissing the Second Count (Disgorgement of Profit),

Third Count (Unjust Enrichment) and Fourth Count (breach of Contract) without prejudice with each party to bear their own attorneys fees and costs for these claims

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pursuant to the parties' stipulation. Dated this 4th day of January, 2007.

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