BUFFALO WINGS FACTORY, INC. v. MOHD (E.D.Va. 8-4-2008)

JAMES CACHERIS, Senior District Judge

For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that:

(1) Plaintiff's Motion to Enforce the Consent Order and for Contempt Sanctions is GRANTED;

(2) Defendants' Motion to Dismiss is DENIED;

(3) Plaintiff's Motion to Strike is DENIED;

(4) Defendants have ten (10) days from the date of this Order to sign the promissory note furnished by Plaintiff, in accordance with paragraph 12 of the Consent Order [97];

(5) Defendants shall pay Plaintiff the sum of $30,000, which came due on June 1, 2008, in accordance with paragraph 12 of the Consent Order [97];

(6) Defendants shall immediately comply with the terms of the Consent Order [97];

(7) Defendants shall pay Plaintiff civil contempt sanctions in the amount of $9,000 per week for every week since June 1, 2008 that Defendants have failed to meet their obligations under the Consent Order [97], for a total of $81,000 as of Friday, August, 1, 2008;

(8) Plaintiff has ten (10) days from the date of this Order to submit proposed attorneys' fees;

(9) Defendants have twenty (20) days from the date of this Order to file an opposition to Plaintiff's proposed attorneys' fees; and

(10) the Clerk of the Court shall forward copies of this Order and accompanying Memorandum Opinion to all counsel of record.

THIS ORDER IS FINAL.