Reuland Electric Co v. Burgi Engineers LLC et al

Filing 124

CONSENT JUDGMENT by Judge S. James Otero: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT This Court has subject matter jurisdiction over this action. This Judgment is hereby entered against BELLC and in favor of REC as toRECs breach of contract c laim and its specific performance remedy. As of April 24, 2015, BELLC, including its officers, members, agents, servants, employees and attorneys, and all persons and entities in active concert or participation with them (Enjoined Parties) have been and hereby are now permanently enjoined from possessing and using, in any form, any REC Provided Information and any BELLC Created Information, including any information in or under the possession, control or custody of any Enjoined Party and includi ng any information electronically stored on any medium. REC is entitled to recover breach of contract damages in the amount of $150,000.00. REC is the prevailing party in this matter pursuant to the provisions of the NDA/PRA and is therefore en titled to costs and attorneys fees in the amount of $850,000.00. This is a final Judgment. Any remaining claims and defenses set forth in the pleadings of the plaintiff and defendants in this action, to the extent not otherwise addressed by this Judgment, are hereby dismissed. ( MD JS-6. Case Terminated ) (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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REULAND ELECTRIC CO., a
California corporation,
Plaintiff,

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vs.
BURGI ENGINEERS, LLC, a
Montana limited liability company;
BURGI ENGINEERING, INC., a
Montana Corporation,

Case No. CV13-09499 SJO (JCx)
FINAL CONSENT JUDGMENT
AND PERMANENT
INJUNCTION

JUDGE: S. James Otero

Defendants.

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Based on the Stipulation for Entry of Final Consent Judgment and

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Permanent Injunction by and between Plaintiff Reuland Electric, Co., and

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Defendants Burgi Engineers, LLC and Burgi Engineering, Inc. (collectively the

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“Parties”) submitted to the Court on June 3, 2015, which is hereby approved, and

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on the Orders of this Court having been made and entered on December 8, 2014

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and April 24, 2015, and the Parties having consented and agreed to the terms and

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FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION
CHRISTIE, PARKER & HALE, LLP

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conditions of this Final Consent Judgment and Permanent Injunction (herein

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"Judgment") and having waived all rights of trial, new trial, reconsideration and

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appeal:

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

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1.

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U.S.C. § 1332. Venue is proper in this Judicial District in that a substantial part

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of the events or omissions giving rise to the claims occurred in this Judicial

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District.

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2.

This Court affirms its previous Orders and holdings in this action.

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3.

Plaintiff Reuland Electric Co., a corporation organized and existing under

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the laws of the State of California (“REC”) and Defendant Burgi Engineering,

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Inc., a corporation organized under the laws of the State of Montana (“BEI”)

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entered into that certain agreement entitled Non-Disclosure and Proprietary

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Rights Agreement ("NDA/PRA") on May 9, 2001.

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4.

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and existing under the laws of the State of Montana (“BELLC”), impliedly

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assumed BEI’s obligations under the NDA/PRA. BELLC is a successor to BEI

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under the NDA/PRA.

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purposes of successor liability. BELLC is bound by the terms and provisions of

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the NDA/PRA.

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5.

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demanded that BELLC provide all copies of all “Confidential Information” (as

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that term is defined in the NDA/PRA) at issue to REC including without

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limitation all “REC Provided Information” and all “BELLC Created

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Information”, as those terms are defined herein below.

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6.

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term is defined in the NDA/PRA).

This Court has subject matter jurisdiction over this action pursuant to 28

Defendant Burgi Engineers, LLC, a limited liability company organized

BELLC is BEI's successor under the NDA/PRA for

On November 30, 2013, REC terminated its relationship with BELLC and

BELLC failed to provide REC with all “Confidential Information” (as that

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FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION
CHRISTIE, PARKER & HALE, LLP

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7.

BELLC has been adjudicated to be in breach of the NDA/PRA.

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This Judgment is hereby entered against BELLC and in favor of REC as to

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REC’s breach of contract claim and its specific performance remedy.

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each affirmative defense asserted by BELLC in this action.

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to immediately provide to REC all “REC Provided Information” and all “BELLC

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Created Information”, as those terms are defined herein below, including all

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copies.

This Judgment is hereby entered against BELLC and in favor of REC as to

As of April 24, 2015, BELLC has been ordered and hereby is now ordered

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11.

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specifications, drawings, costing data, including access to the costing data system

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(“Managerial Manufacturing System” or “ManMan System”), bills of materials,

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quotes, pricing data, electrical lamination prints, electrical designs, application

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data provided by customers including customer drawings, specifications, pictures,

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graphs, curves, and other information provided by REC to BEI or BELLC during

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the timeframe the NDA/PRA was in effect ending November 30, 2013.

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12.

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analysis, shaft spline data, press fit analysis, bearing life calculations, fastener

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strength calculation, wave spring analysis, motor test data including motor test

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reports, SolidWorks® and other drawings, bills of material, brake project test

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data, brake project Excel spreadsheets and Word documents, brake project

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photographs, rectifier schematics, and brake control panel schematics and

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drawings, motor installation and set-up manuals, design guide and check lists for

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engineering quality control and design review, Coordinate Measuring Machine

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room procedures and checklists, and other information, that it used to perform

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work for REC during the timeframe the NDA/PRA was in effect ending

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November 30, 2013.

“REC Provided Information” shall and does mean all orders, customer

“BELLC Created Information” shall and does mean rotor dynamics

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FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION
CHRISTIE, PARKER & HALE, LLP

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servants, employees and attorneys, and all persons and entities in active concert

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or participation with them (“Enjoined Parties”) have been and hereby are now

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permanently enjoined from possessing and using, in any form, any REC Provided

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Information and any BELLC Created Information, including any information in

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or under the possession, control or custody of any Enjoined Party and including

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any information electronically stored on any medium.

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14.

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$150,000.00.

As of April 24, 2015, BELLC, including its officers, members, agents,

REC is entitled to recover breach of contract damages in the amount of

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15.

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NDA/PRA and is therefore entitled to costs and attorneys’ fees in the amount of

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$850,000.00.

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interpretation of this Judgment, and subject matter of this action.

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the pleadings of the plaintiff and defendants in this action, to the extent not

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otherwise addressed by this Judgment, are hereby dismissed.

REC is the prevailing party in this matter pursuant to the provisions of the

This Court shall retain jurisdiction over the parties, enforcement and/or

This is a final Judgment. Any remaining claims and defenses set forth in

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IT IS SO ADJUDGED.

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Dated: June 4, 2015

________________________

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Honorable S. James Otero
United States District Court Judge

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FINAL CONSENT JUDGMENT AND PERMANENT INJUNCTION
CHRISTIE, PARKER & HALE, LLP