The opinion of the court was delivered by: Honorable David O. Carter Judge OF The United States District Court
(Assigned to the Hon. David O. Carter, Courtroom "9D")
[PROPOSED] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RELATED CROSS-ACTION
The parties hereby submit their joint [Proposed] Findings of Facts as follows:
1. Master Replicas, Inc. ("Master Replicas") is a California or Delaware corporation and Master Replicas is the Plaintiff in this suit. Michael Cookson ("Cookson") was the Chief Executive Officer of Master Replicas as of June 28, 2009 and Cookson is a Counter-Defendant in this suit.
2. Levitation Arts, Inc. ("Levitation Arts") is a Texas corporation and the Defendant and Counter-Claimant in this suit. Michael and Karen Sherlock (the "Sherlocks") are citizens of Texas and the Defendants and Counter-Claimants in this suit.
3. On June 28, 2006, Master Replicas and Levitation Arts entered into a Technology Licensing Agreement ("TLA").
4. Pursuant to Article III of the TLA, payment of $60,000 was due on June 28, 2009 as an advance royalty for the fourth year of the TLA. The payment was not made on or before that date as required in Article III nor on July 28, 2009 within the thirty (30) day cure period, as required in Paragraph 13.2 of the TLA.
5. Prior to and during trial, Levitation Arts and the Sherlocks asserted an unjust enrichment claim against Cookson in his individual capacity which, Levitation Arts and the Sherlocks contended, was inextricably intertwined with their alleged fraud and negligent misrepresentation claims against Cookson, and the Court permitted Levitation Arts and the Sherlocks to present evidence at the trial on that basis.
1. This Court has personal jurisdiction over the parties and of the subject matter of this suit.
2. The TLA has been terminated as of July 28, 2009.
Pursuant to FRCP 5, I certify that I am an employee of the law firm of WYMAN & ISAACS LLP, and that on the date shown below, I caused service of a ...