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Bright Builders Summary Judgment Motion

Bright Builders Summary Judgment Motion

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Published by Eric Goldman

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Published by: Eric Goldman on Dec 10, 2010
Copyright:Attribution Non-commercial


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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF SOUTH CAROLINACHARLESTON DIVISIONRoger Cleveland Golf Company, Inc.,Plaintiff,vs.Christopher Prince, Sheldon Shelley, PrinceDistribution, LLC, and Bright Builders,Inc.Defendants.)))))))))))Civil Action No. 2:09-2119-MBS
The Defendant, Bright Builders, Inc., hereby moves this Honorable Court for summary judgment in the above referenced matter.The Plaintiff filed this action originally against Defendant Prince for selling fakeCleveland golf clubs. The Defendant Prince has since admitted such liability. Sometime
thereafter, Plaintiff amended to include Bright Builders. Bright Builders’ sole
involvement in this case is as a web hosting entity. Specifically, Bright Builders sold a package to Mr. Prince involving helping him establish an online business. At no point intime was Bright Builders aware that Mr. Prince was engaged in illegal activities such asselling fake Cleveland golf clubs.There is no allegation that Bright Builders in any way conspired with or profitedfrom the Defendant Prince selling of illegal golf clubs. In fact, to the best of thisDefendant
s knowledge, only one sale was made by the Defendant Prince, and that was toa representative of Cleveland Golf Company, which precipitated the original lawsuit.There is no evidence that Bright Builders participated in any profits derived from Mr.Prince by selling fake Cleveland golf clubs. Additionally there is no evidence that Bright
2:09-cv-02119-MBS Date Filed 09/30/10 Entry Number 51 Page 1 of 2

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