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LORILLARD TOBACCO COMPANY v. CANSTAR

United States District Court, N.D. Illinois, Eastern Division


LORILLARD TOBACCO COMPANY, a Delaware corporation, Plaintiff,
v.
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.

20040902

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