United States District Court, N.D. Illinois, Eastern Division
LORILLARD TOBACCO COMPANY, a Delaware corporation, Plaintiff,
CANSTAR (U.S.A.) Inc., a Florida corporation, et al., Defendants.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Over a year ago a court-authorized raid on a facility in
Franklin Park, Illinois, together with a second seizure, came up
with 26,280 cartons of counterfeit Newport cigarettes. That
translates into a street value exceeding $1,000,000. Even now the
precise dimensions of the scheme are not fully known, primarily
because of continued failures of defendants to comply with
discovery obligations. With respect to Canstar (U.S.A.) Inc.,
that failure led to the entry of a default order on May 27, 2004.
Plaintiff filed its brief on damages and attorneys' fees on
August 24, 2004. That prompted a letter from Canstars principal,
Paul Embury, to the court, dated August 27, 2004 (he apparently
did not send a copy to plaintiff), in which he contests the
conclusion that Canstar was involved in the illegal operation.
But that is too little and too late. They are unverified
representations made after the default order was entered, and the
default order leaves in place the allegations of the complaint as
the record in the case, together with subsequent filings. That
record amply supports the order we enter today.
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