Anthony and Sylvan Pools Corporation v. Outdoor Sports Gear, Inc.

Filing 118

JUDGMENT by Judge Manuel L. Real: IT IS HEREBY ORDERED AND ADJUDGED that final judgment is entered in favor of Plaintiff Anthony & Sylvan Pools Corporation and against Defendant Outdoor Sports Gear, Inc. for damages in the amount of $415,835.30 and prejudgment interest in the amount of $155,727.50 through 5/14/2018, in addition to a per diem rate of $113.93 through the date of this judgment. Post-judgment interest shall accrue thereon pursuant to 28 U.S.C. Section 1961. (gk)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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Anthony & Sylvan Pools Corporation
10 (successor to General Aquatics, Inc. and
KDI Sylvan Pools, Inc.),
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Plaintiff,
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vs.
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Outdoor Sports Gear, Inc. (successor to
14 K2 Inc. and Anthony Industries Inc.),
Defendant.

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Outdoor Sports Gear, Inc. (successor to
17 K2 Inc. and Anthony Industries Inc.),
Counter-claimant,

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vs.

20 Anthony & Sylvan Pools Corporation
(successor to General Aquatics, Inc. and
21 KDI Sylvan Pools, Inc.),
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Counter-defendant.

CASE NO. CV 16-6658-R
JUDGMENT

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WHEREAS, on July 31, 2017, the Court issued an order granting Plaintiff and

2 Counter-defendant Anthony & Sylvan Pools Corporation’s (“Plaintiff”) motion for
3 partial summary judgment on liability regarding Plaintiff’s First Cause of Action
4 (breach of contract) and its Third Cause of Action (declaratory relief). Dkt. No. 57.
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WHEREAS, on October 3, 2017, the Court issued an order granting

6 Plaintiff’s motion for partial summary judgment in part on Defendant and Counter7 claimant Outdoor Sports Gear, Inc.’s (“Defendant”) counterclaims for breach of
8 contract and declaratory judgment (as to Section 2.03(b) of the 1996 Asset Purchase
9 Agreement (“1996 APA”)), and Defendant’s counterclaim for equitable
10 indemnification. Dkt. No. 81.
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WHEREAS, Plaintiff withdrew its Second Cause of Action for equitable

12 indemnification. See Dkt. No. 91 at 2.
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WHEREAS, on May 8, 2018, the Court issued an order following the bench

14 trial granting judgment to Plaintiff on Defendant’s counterclaims for breach of
15 contract and declaratory relief (as to Section 10.07 of the 1996 APA); awarding
16 Plaintiff damages in the amount of $415,835.30 and prejudgment interest in the
17 amount of $149,803.14 through March 23, 2018, in addition to a per diem rate of
18 $113.93 through the date of this judgment; and denying Plaintiff’s request for
19 attorney’s fees for prosecuting this action. See Dkt. No. 111.
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IT IS HEREBY ORDERED AND ADJUDGED that:

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Final judgment is entered in favor of Plaintiff and against Defendant for

22 damages in the amount of $415,835.30 and prejudgment interest in the amount of
23 $155,727.50 through May 14, 2018, in addition to a per diem rate of $113.93
24 through the date of this judgment.
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2.

Post-judgment interest shall accrue thereon pursuant to 28 U.S.C. §

2 1961.
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IT IS SO ORDERED.

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5 Dated: May 21, 2018
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Hon. Manuel L. Real
United States District Judge

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