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Einstein Cosmetics, LLC and Joseph L. Shalant v. Cvs Caremark Corp.

June 10, 2011

EINSTEIN COSMETICS, LLC AND JOSEPH L. SHALANT, PLAINTIFFS,
v.
CVS CAREMARK CORP., CVS PHARMACY AND DOES 1-20, INCLUSIVE, , DEFENDANTS. CVS PHARMACY, INC, COUNTERCLAIMANT,
v.
EINSTEIN COSMETICS, LLC AND JOSEPH L. SHALANT, COUNTERDEFENDANTS.



The opinion of the court was delivered by: Judge: Honorable A. Howard Matz

REVISED FINAL JUDGMENT

Ctrm: 14 Discovery Cut Off: 01/03/11 Pretrial Conference: 06/20/11 Trial Date: 07/05/11

This action came on regularly for hearing before the Court, Hon. A. Howard Matz, District Judge Presiding, on Defendants CVS Pharmacy, Inc. and CVS Caremark Corp.'s Motion for Summary Judgment on all causes of action in Plaintiff Einstein Cosmetics, LLC's Complaint, and the evidence presented having been fully considered, the issues having been duly heard and a decision having been duly rendered,

IT IS ORDERED AND ADJUDGED that Plaintiff Einstein Cosmetics, LLC take nothing by its Complaint, that Plaintiff's Complaint be dismissed and that Defendants recover their costs.

Additionally, this action came on regularly for hearing before the Court, Hon. A. Howard Matz, District Judge Presiding, on Defendant/ Counterclaimant CVS Pharmacy, Inc. ("CVS") and Defendant CVS Caremark Corp.'s Motion for Terminating Sanctions and an Award of Fees and Costs against Plaintiff/ Counterdefendant Einstein Cosmetics, LLC, and the evidence presented having been fully considered, the issues having been duly heard and a decision having been duly rendered,

IT IS ORDERED AND ADJUDGED that the answer to CVS' counterclaims be stricken, and that default judgment be entered only as to the counterclaim for breach of contract against Einstein Cosmetics, LLC,*fn1 including damages in the amount of $1,025,040.60 against Einstein Cosmetics, LLC with CVS to recover its costs as prevailing party, in accordance with Federal Rule of Civil Procedure 54. No further claims remain in this action and this judgment constitutes a final judgment.

IT IS SO ORDERED.

Honorable A. Howard Matz Judge, United States ...


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