Opinion
Case No. 2:08-cv-01293-JCM-GWF.
July 9, 2010
Mark G. Tratos (Bar No. 1086), Donald L. Prunty (Bar No. 8230), Ronald D. Green Jr. (Bar No. 7360), GREENBERG TRAURIG, LLP, Las Vegas, Nevada, Counsel for Plaintiff.
On May 20, 2010, Plaintiff filed its Emergency Motion of Plaintiff FilmKraft Productions India PVT Ltd.'s ("Plaintiff) for Order to Show Cause Why Defendants Spektrum Entertainment, Inc., Raj Shah, and Bina Shah ("Defendants") Should Not Be Held in Contempt for Their Violations of the Preliminary Injunction (the "Motion") [Docket # 137]. Plaintiff supplemented the Motion on June 4 and June 7, 2010 [Docket # 143, 144]. This Court heard arguments from Plaintiff and granted that Motion on June 7, 2010, issuing an Order to Show Cause [Docket # 154]. Defendants Raj Shah and Bina Shah responded to the Order to Show Cause on June 24, 2010 [Docket # 159]. Defendant Spektrum Entertainment, Inc. filed no response to the Order to Show Cause. The Order to Show Cause came before the Court for hearing on June 28, 2010. Donald L. Prunty and Joseph Gutierrez appeared on behalf of Plaintiff with no one appearing on behalf of Defendants. The Court having considered the papers, the evidence, the arguments made by counsel at the hearing, and the applicable law:
IT IS HEREBY ORDERED that Defendants are in violation of this Court's preliminary injunction order dated April 13, 2010 [Docket # 126] and that, due to those violations, they are in contempt of Court;
IT IS FURTHER ORDERED that the answering briefs for Defendants in this case are hereby stricken and Defendants' counterclaims are hereby dismissed as a sanction for their continual and continuing violations of this Court's preliminary injunction order;
IT IS FURTHER ORDERED that default judgment is entered against Defendants as a sanction for their continual and continuing violations of this Court's preliminary injunction order;
IT IS FURTHER ORDERED that the preliminary injunction entered by this Court is hereby converted to a permanent injunction; and
IT IS FURTHER ORDERED that Defendants shall pay Plaintiff's reasonable attorneys' fees and costs incurred in connection with the filing of the instant action, enforcing the orders of this Court.