Kovacic v. Larry Brown Enterprises, L.L.C.

ORDER

MICAELA ALVAREZ, District Judge.

On November 2, 2009, Defendants Doug Mercer, individually and doing business as “Cheers Cocktails,” and Larry Brown Enterprises, LLC doing business as “Cheers Cocktails” (collectively “Cheers”) filed their First Amended Motion for Partial Summary Judgment. [Dkt. No. 85]. After a review of the motion, accompanying summary judgment evidence, and the governing law, Cheers’s motion is GRANTED in part and DENIED in part.

I. BACKGROUND

The following facts are taken from Plaintiffs Fourth Amended Complaint, [Dkt. No. 78], and are undisputed by Cheers: On the…