Sprint Solutions, Inc. et al v. Shiva Telecom USA LLC et al

Filing 57

FINAL JUDGMENT OF DAMAGES by Judge Virginia A. Phillips, in favor of Sprint Communications Company L.P., Sprint Solutions, Inc. against Pinnacle Worldwide, Inc., Shiva Telecom USA LLC, Nirmala Uttamchandani, Vishal Uttamchandani in the principal amount of $1,000,000.00, interest in the amount of $0.00, attorneys fees of $0.00, costs of $0.00 for a total judgment of $1,000,000.00, jointly and severally. Related to: Stipulation for Judgment, 56 . (mrgo)

1

EXHIBIT 2-A

2
3
4
5
6
7
8

James Juo (CA Bar No. 193852)
[e-mail]
FULWIDER PATTON LLP
6060 Center Drive, Tenth Floor
Los Angeles, CA 90045
Tel: [phone]
Fax: [phone]
[Additional counsel listed on signature page]
Attorneys for Plaintiffs

JS-6

9

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15

SPRINT SOLUTIONS, INC.
h
and SPRINT COMMUNICATIONS i
COMPANY L.P.,
w
Case No.: 5:14-cv-202-VAP-SP
e
Plaintiffs,
i
v.

16
17
18
19
20
21
22

SHIVA TELECOM USA LLC,
PINNACLE WORLDWIDE, INC.
individually and d/b/a PINNACLE
WORLDWIDE (MIAMI), INC.,
TOMMY JAMES CHAMBERS,
NIRMALA UTTAMCHANDANI
a/k/a NICK UTTAM and VISHAL
UTTAMCHANDANI a/k/a VISHAL
UTTAM

23
24
25
26
27
28

Defendants.
FINAL JUDGMENT OF DAMAGES AGAINST DEFENDANTS
NIRMALA UTTAMCHANDANI a/k/a NICK UTTAM AND
VISHAL UTTAMCHANDANI a/k/a VISHAL UTTAM
Plaintiffs Sprint Solutions, Inc. and Sprint Communications Company L.P.
(collectively, “Sprint” or “Plaintiffs”) brought the above-captioned lawsuit against
1

1
2

Defendants Shiva Telecom USA LLC, Pinnacle Worldwide, Inc. d/b/a Pinnacle
Worldwide (Miami), Inc., Nirmala Uttamchandani a/k/a Nick Uttam, and Vishal

3
4
5
6
7

Uttamchandani a/k/a Vishal Uttam (collectively, “Defendants”), alleging that
Defendants are engaged in an unlawful enterprise involving the unauthorized and
deceptive bulk purchase and resale overseas of specially-manufactured wireless
telephones designed for use on Sprint’s wireless service, including the Sprint

8

iPhone (collectively, “Sprint Phones” or “Sprint Handsets” or “Phones” or

9

“Handsets”), the theft of Sprint’s subsidy investment in the Phones, the unlawful

10

access of Sprint’s protected computer systems and wireless network, the trafficking

11

of Sprint’s protected and confidential computer passwords, and the willful

12

infringement of Sprint’s trademarks (collectively, the “Bulk Handset Trafficking

13

Scheme” or the “Scheme”).

14

The Court previously entered a Final Judgment and Permanent Injunction in

15

Plaintiffs’ favor awarding damages against Defendants Shiva Telecom USA LLC

16

and Pinnacle Worldwide, Inc. d/b/a Pinnacle Worldwide (Miami), Inc.

17

Permanent Injunction but no Judgment awarding money damages was entered

18

against Defendants Nirmala Uttamchandani a/k/a Nick Uttam and Vishal

19
20
21
22
23
24
25
26

A

Uttamchandani a/k/a Vishal Uttam. The Court retained jurisdiction to enter a
judgment of damages against Defendants Nirmala Uttamchandani a/k/a Nick
Uttam and Vishal Uttamchandani a/k/a Vishal Uttam.
As a result of Defendants’ breach of the parties’ settlement agreement and/or
the Permanent Injunction, and by agreement of the parties, the Court has been
asked to enter a Final Judgment awarding Sprint damages in the amount of One
Million Dollars and Zero Cents ($1,000,000.00) against Defendants Nirmala

27

Uttamchandani a/k/a Nick Uttam and Vishal Uttamchandani a/k/a Vishal Uttam,

28

jointly and severally.

2

1
2

The Court, having reviewed the file, being advised of the agreement of the
parties, and being otherwise duly advised in the premises, it is hereby

3
4
5
6
7

ORDERED, ADJUDGED and DECREED that:
1.

This Court has jurisdiction over all the parties and all of the claims set

forth in Sprint’s Complaint.
2.

Pursuant to the Court’s previous findings in this case, as documented

8

in the Final Judgment and Permanent Injunction entered against Defendants Shiva

9

Telecom USA LLC, Pinnacle Worldwide, Inc. d/b/a Pinnacle Worldwide (Miami),

10

Inc., Nirmala Uttamchandani a/k/a Nick Uttam, and Vishal Uttamchandani a/k/a

11

Vishal Uttam, and the agreement of the parties, the Court hereby enters a Final

12

Judgment of Damages Against Defendants Nirmala Uttamchandani a/k/a Nick

13

Uttam and Vishal Uttamchandani a/k/a Vishal Uttam , jointly and severally, and in

14

favor of Sprint in the amount of One Million Dollars and Zero Cents

15

($1,000,000.00), that shall bear interest at the legal rate, and for which let

16

execution issue forthwith.

17
18
19
20
21
22
23
24
25
26
27
28

3.

Defendants Nirmala Uttamchandani a/k/a Nick Uttam and Vishal

Uttamchandani a/k/a Vishal Uttam stipulated to waive any and all rights to
challenge the validity of this Final Judgment of Damages in this Court or in any
other court, and specifically waived their right of appeal from the entry of this
Final Judgment of Damages.
4.

The Court retains jurisdiction over this matter and the parties to this

action in order to enforce the terms of this Final Judgment of Damages Against
Defendants Nirmala Uttamchandani a/k/a Nick Uttam and Vishal Uttamchandani
a/k/a Vishal Uttam.
5.

This Judgment of Damages in no way affects the previously entered

Final Judgment and Permanent Injunction against Defendants Shiva Telecom USA
LLC, Pinnacle Worldwide, Inc. d/b/a Pinnacle Worldwide (Miami), Inc., Nirmala
3

1
2

Uttamchandani a/k/a Nick Uttam, and Vishal Uttamchandani a/k/a Vishal Uttam,
which remains in full force and effect.

3
4
5
6
7
8
9
10
11
12
13

6.

The address of Defendant Shiva Telecom USA LLC is 3389 NW

107th Court, Unit 208, Miami, Florida 33178.
7.

The address of Defendant Pinnacle Worldwide, Inc. d/b/a Pinnacle

Worldwide (Miami), Inc. is 3873 Schaefer Avenue, Unit A, Chino California
91710.
8.

The address of Defendant Nirmala Uttamchandani a/k/a Nick Uttam is

435 South Detroit Street, Unit 209, Los Angeles, California 90036.
9.

The address of Vishal Uttamchandani a/k/a Vishal Uttam is 13439

Peyton Drive, Unit 230, Chino Hills, California 91709.
10.

The Court hereby finds, pursuant to Fed. R. Civ. P. 54(b), that there is

14

no just reason for delay and orders that Judgment for damages shall be entered

15

against Defendants Nirmala Uttamchandani a/k/a Nick Uttam and Vishal

16

Uttamchandani a/k/a Vishal Uttam, as set forth herein.

17
18

DONE AND ORDERED this 4th_ day of March, 2015.

19
20
21
22

_________________________________
UNITED STATES DISTRICT JUDGE

23
24
25
26

Copies furnished to:
All Counsel of Record

27
28

4