Walter L Mitchell III v. 3PL Systems Inc

Filing 226

JUDGMENT by Judge Andrew J. Guilford, IT IS HEREBY ORDERED: Judgment is entered in favor of Cross-Complainant 3PL Systems, Inc. and against Cross-Defendants Walter L. Mitchell, III, and Trinnos Technology LLC. (See document for details.) Walter L . Mitchell, III, is ORDERED to pay 3PL Systems, Inc. the total amount of $1,274,542.00, plus post-judgment interest as provided by law. Walter L. Mitchell, III, and Trinnos Technology LLC are ORDERED to pay 3PL Systems, Inc. the total amount of $205,907.00 plus post-judgment interest as provided by law. (MD JS-6, Case Terminated). (rla)

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1 2 3 4 JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 WALTER L. MITCHELL, III, an individual, Plaintiff, 13 14 15 16 v. 19 Defendant. 3PL SYSTEMS, INC., a California corporation, Cross-Complainant, 20 21 22 23 24 25 26 AMENDED JUDGMENT 3PL SYSTEMS, INC., a California Corporation, 17 18 Case No.: SACV11-00534 AG(ANx) v. WALTER L. MITCHELL, III, an individual, JONATHAN LANSAGAN, an Trial date: filed: Complaint individual, CHRISTOPHER VINCIGUERRA, an individual, TRINNOS TECHNOLOGY LLC, a California Limited Liability Corporation, and ROES 1 – 10, inclusive, November 6, 2012 April 7, 2011 Cross-Defendants. 27 28 CASE NO: SACV11-00534 AG(ANx) JUDGMENT 1 WHEREAS, on April 9, 2012, this Court granted 3PL Systems, Inc.’s Motion 2 for Summary Judgment for all claims in the Complaint filed by Walter L. Mitchell, 3 III, and all claims in the Complaint filed by Walter L. Mitchell, III have been 4 dismissed against 3PL Systems, Inc.; 5 6 7 8 9 WHEREAS, judgment is entered in favor of 3PL Systems, Inc. as to all of Walter L. Mitchell, III’s claims; WHEREAS, 3PL Systems, Inc.’s Cross-Claims against Walter L. Mitchell and Trinnos Technology, LLC came before the Court for a trial by jury; WHEREAS, the jury entered a special verdict on November 16, 2012; 10 WHEREAS, the jury found that 3PL Systems, Inc. owns the Copyrights for the 11 2005 version of the TMS source code; 3PL Systems, Inc. owns the Copyrights for the 12 2007 version of the TMS source code; and 3PL Systems, Inc. owns the Copyrights for 13 the 2010 version of the TMS source code. 14 15 16 17 WHEREAS, the jury found that Walter L. Mitchell, III, willfully infringed 3PL’s copyright; and Trinnos Technology LLC willfully infringed 3PL’s copyright; IT IS HEREBY ORDERED, pursuant to the jury verdict entered on November 16, 2012, that: 18 Judgment is entered in favor of Cross-Complainant 3PL Systems, Inc. and 19 against Cross-Defendants Walter L. Mitchell, III, and Trinnos Technology LLC. 20 3PL Systems, Inc. is awarded the amount of $1,000,000.00 for 21 Walter L. Mitchell, III’s negligent misrepresentation, breach of fiduciary duties, and 22 fraudulent concealment. 23 Walter L. Mitchell, III, and Trinnos Technology LLC are jointly and severally 24 liable in the amount of $205,907.00 in favor of 3PL Systems, Inc., for their copyright 25 infringement and contributory infringement. 26 27 Walter L. Mitchell, III is individually liable in the amount of $274,542.00 in favor of 3PL Systems, Inc. for his copyright infringement. 28 2 CASE NO: SACV11-00534 AG(ANx) JUDGMENT 1 2 3 Walter L. Mitchell, III, is ORDERED to pay 3PL Systems, Inc. the total amount of $1,274,542.00, plus post-judgment interest as provided by law. Walter L. Mitchell, III, and Trinnos Technology LLC are ORDERED to pay 4 3PL Systems, Inc. the total amount of $205,907.00 plus post-judgment interest as 5 provided by law. 6 7 8 As the prevailing party, 3PL Systems, Inc. is awarded its costs incurred in this action. IT IS SO ORDERED. 9 10 11 DATED: April 9, 2013 HONORABLE ANDREW J. GUILFORD United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CASE NO: SACV11-00534 AG(ANx) JUDGMENT

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