Innovation Ventures LLC v. N2G Distributing Inc et al

Filing 67

AMENDED JUDGMENT by Judge Audrey B. Collins: Based on and in accordance with the Courts Order filed November 26, 2013 Granting Judgment Creditor Innovation Ventures, LLC's Motion To Amend Judgment To Add Additional Judgment Debtors to the Judgm ent dated November 18, 2011 (Document No. 51) (hereinafter, "Order"), and for good cause appearing, IT IS ORDERED, ADJUDGED, AND DECREED that: 1. For the reasons set forth in the Order, including all the findings of fact and conclusions of law contained therein, Jeffrey Diehl is added to the attached Judgment in favor of Innovation Ventures, LLC, d/b/a Living Essentials, Ltd. and against N2G Distributing, Inc. and Alpha Performance Labs for willful trademark infringement, trade dressinfringement, and false advertising (Document No. 1) ("Judgment"),because Jeffrey Diehl is the alter ego of N2G Distributing, Inc. ("N2G"). (see document for further details) (bm)

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David A. Robinson (SBN 107613)
James S. Azadian (SBN 225864)
ENTERPRISE COUNSEL GROUP ALC
Three Park Plaza, Suite 1400
Irvine, California 92614
Tel/Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Jeffrey Diehl, Etc. Distributing,
Inc., Nitro 2 Go, Inc., and Nitro Rocks, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
)
)
)
)
)
Judgment Creditor,
)
)
v.
)
N2G DISTRIBUTING, INC., a
)
California corporation; and ALPHA )
PERFORMANCE LABS, a Nevada )
corporation; and DOES 1 through )
10,
)
)
)
Judgment Debtors.

INNOVATION VENTURES, LLC,
d/b/a LIVING ESSENTIALS,
LTD., a Michigan Limited Liability
Company,

CASE NO.: SACV 12-00717 ABC(Ex)
Hon. Audrey B. Collins
[ PROPOSED] AMENDED
JUDGMENT

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Based on and in accordance with the Court’s Order filed November 26, 2013

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Granting Judgment Creditor Innovation Ventures, LLC’s Motion To Amend

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Judgment To Add Additional Judgment Debtors to the Judgment dated November
18, 2011 (Document No. 51) (hereinafter, “Order”), and for good cause appearing,

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IT IS ORDERED, ADJUDGED, AND DECREED that:

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1. For the reasons set forth in the Order, including all the findings of fact and

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conclusions of law contained therein, Jeffrey Diehl is added to the

AMENDED JUDGMENT

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attached Judgment in favor of Innovation Ventures, LLC, d/b/a Living

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Essentials, Ltd. and against N2G Distributing, Inc. and Alpha
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Performance Labs for willful trademark infringement, trade dress

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infringement, and false advertising (Document No. 1) (“Judgment”),

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because Jeffrey Diehl is the alter ego of N2G Distributing, Inc. (“N2G”).

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2. For the reasons set forth in the Order, including all the findings of fact and

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conclusions of law contained therein, ETC., Distributing, Inc., a

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California corporation, (“ETC”) is added to the Judgment because ETC is

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a mere continuation of N2G, and because the transfer of N2G’s assets to

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ETC was for the fraudulent purpose of escaping liability for N2G’s debts.

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3. For the reasons set forth in the Order, including all the findings of fact and

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conclusions of law contained therein, Nitro 2 Go, Inc., a California

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corporation, (“Nitro2Go”); Nitro Rocks Inc. (a.k.a. Nitro Rocks

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Distributing), a California corporation, (“Nitro Rocks”); Jeffrey Diehl;

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and, ETC, and each of them, are added to the Judgment on equitable

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grounds because the identities of Nitro2Go, Nitro Rocks, and ETC were

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intentionally concealed by Jeffrey Diehl from the U.S. District Court for

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the Eastern District of Michigan and from Innovation Ventures, LLC,

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d/b/a Living Essentials, Ltd. during the litigation in Michigan that resulted

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in the Judgment being entered against less than all proper defendants.

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-2AMENDED JUDGMENT

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4. The Judgment is AMENDED to add as judgment debtors Jeffrey Diehl,

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Nitro2Go, Nitro Rocks, and ETC.
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5. The addition of Jeffrey Diehl, Nitro2Go, Nitro Rocks, and ETC to the

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Judgment is retroactive to November 18, 2011, the date the Judgment was

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entered by the United States District Court for the Eastern District of

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Michigan (hereinafter, the “Michigan Court”).

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6. Accordingly, for willful trademark infringement, trade dress infringement,

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and false advertising, Jeffrey Diehl, Nitro2Go, Nitro Rocks, and ETC are

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jointly and severally liable to Innovation Ventures, LLC, d/b/a Living

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Essentials, Ltd. for the entire amount of the Judgment, plus attorneys’ fees

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of $1,123,445.75 awarded by the Michigan Court per its Order filed

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August 29, 2013 (Case No. 08-CV-10983, Document No. 424), plus

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interest at the rate applicable to the original Judgment under 28 U.S.C. §

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1961, plus costs.

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7. Violation of this Amended Judgment will expose N2G, Alpha

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Performance Labs, ETC, Nitro2Go, Nitro Rocks, and Jeffrey Diehl to all

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penalties provided by law, including, without limitation, for contempt of

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court.

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8. Nothing contained in this Amended Judgment shall limit the right of

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Innovation Ventures, LLC d/b/a Living Essentials, Ltd. to recover

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damages and any and all other relief provided by law for any and all
-2AMENDED JUDGMENT

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infringements by N2G, Alpha Performance Labs, ETC, Nitro2Go, Nitro

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Rocks, or Jeffrey Diehl, or any of them, or any combination of them,
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which occurred after November 18, 2011, the date of the original

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Judgment.

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IT IS SO ORDERED.

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Dated:December 11, 2013

_________________________
Hon. Audrey B. Collins

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United States District Court

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-2AMENDED JUDGMENT