Michael Ruhe et al v. Masimo Corporation et al

Filing 94

FINAL JUDGMENT by Judge Cormac J. Carney: It is hereby ordered that judgment is entered in the amount of $2,662,443 in damages for Plaintiff Michael Ruhe and the sum of $2,647,613 in damages for Plaintiff Vicente Catala. In addition, judgme nt is entered in favor of Plaintiffs and against Masimo Corporation in the amount of $80,529 for recoverable costs related to the arbitration, as awarded by the Arbitrator. Additional costs of $734.50 are awarded to Plaintiffs for their recoverable appellate costs pursuant to Federal Rule of Appellate Procedure 39(e). See document for further information. (lwag)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No.: SACV11-734 CBM (JCGx)

MICHAEL RUHE, and
VICENTE CATALA,

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FINAL JUDGMENT

Plaintiffs,

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Date:
vs.

Court: Hon. Cormac Carney

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_________________

MASIMO CORPORATION, and DOES
1 to 100, inclusive,
Defendants.

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On March 15, 2016, the Ninth Circuit issued a Mandate directing that Final
Judgement be entered in this matter in favor of Plaintiffs Michael Ruhe and

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Vicente Catala and against Masimo Corporation, confirming the Final Award
issued by JAMS Arbitrator, Hon. Richard C. Neal (ret.), a copy of which is

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FINAL JUDGMENT

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attached to this Final Judgment.
It is hereby ordered that judgment is entered in the amount of $2,662,443 in

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damages for Plaintiff Michael Ruhe and the sum of $2,647,613 in damages for
Plaintiff Vicente Catala. In addition, judgment is entered in favor of Plaintiffs and
against Masimo Corporation in the amount of $80,529 for recoverable costs related

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to the arbitration, as awarded by the Arbitrator. Additional costs of $734.50 are

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awarded to Plaintiffs for their recoverable appellate costs pursuant to Federal Rule

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of Appellate Procedure 39(e).
Further, pursuant to California Civil Code section 3287 and the California
Constitution, Article 15, Section 1, interest in the amount of seven percent on the

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foregoing amounts for damages and costs from the arbitration is ordered from the
date the final arbitration award was rendered by Justice Neal through the date this

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Final Judgment is signed by the Court.
The total amount due to Plaintiff Michael Ruhe through March 14, 2016, is

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$3,111,149.70, with additional interest due to Plaintiff Ruhe in the amount of
$518.33 per day until this Final Judgment is signed. After that date, interest will
accrue on the total Final Judgment amount for Plaintiff Ruhe at the designated

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interest rate established pursuant to 28 U.S.C. 1961.
The total amount due to Plaintiff Vicente Catala through March 14, 2016 is

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$3,086,993.40, with additional interest due to Plaintiff Catala in the amount of

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FINAL JUDGMENT

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$507.76 per day until this Final Judgment is signed. After that date, interest will

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accrue on the total Final Judgment amount for Plaintiff Catala at the designated

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interest rate established pursuant to 28 U.S.C. 1961.
The submission and entry of this Final Judgment is pursuant to the Ninth
Circuit’s Mandate and Masimo reserves all avenues of relief and available

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remedies after entry and subsequent satisfaction of this Final Judgment.
This is a Final Judgment and the Clerk of Court shall enter Final Judgment

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as indicated above.

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IT IS SO ORDERED.

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Dated: March 23, 2016

___________________________
Hon. Cormac J. Carney
US District Court Judge

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APROVED AS TO FORM:

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Dated: March 17, 2016

/s/ Kathryn Burkett Dickson
Kathryn Burkett Dickson
Counsel for Plaintiffs

Dated: March 17, 2016

/s/ Joseph Re
Joseph Re
Counsel for Defendant

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FINAL JUDGMENT