G.P.P., Inc. v. Guardian Protection Products, Inc.

Filing 499

FINAL JUDGMENT IN A CIVIL ACTION. (Kusamura, W)

FILED

JUDGMENT ENTERED
December 13, 2021
Date

by __________W. Kusamura_________
Deputy Clerk

U.S. District Court
Eastern District of California

__XX___ FILE CLOSED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
G.P.P., Inc. d/b/a Guardian
Innovative Solutions,
Plaintiff,
vs.

FINAL JUDGMENT IN A CIVIL
ACTION
1:15-cv-00321 SKO

Guardian Protection Products, Inc.
and RPM Wood Finishes Group, Inc.,
Defendants.
_______________________________/
Guardian Protection Products, Inc.,
Counterclaimant,
vs.
G.P.P., Inc. d/b/a Guardian
Innovative Solutions,
Counter-defendant.
_______________________________/

IT IS HEREBY ORDERED AND ADJUDGED that
IN ACCORDANCE WITH THE JURY VERDICT RENDERED ON DECEMBER 10, 2021,
JUDGMENT IS HEREBY ENTERED IN FAVOR OF Plaintiff G.P.P., Inc. d/b/a
Guardian Innovative Solution (“GIS”) on:
(1) GIS’s First Cause of Action against Defendant Guardian
Protection Products, Inc. (“Guardian”); and
(2) GIS’s Eleventh Cause of Action.
IN ACCORDANCE WITH THE JURY VERDICT RENDERED ON DECEMBER 10, 2021,
JUDGMENT IS HEREBY ENTERED IN FAVOR OF Guardian on GIS’s Third Cause
of Action against Guardian, insofar as GIS alleged in this claim that
Guardian breached the Bob’s Discount Furniture Agreement by selling
products to Bob’s Discount Furniture in the geographic areas covered
by the Florida, Mid-Atlantic, and Cook County Agreements.
IN ACCORDANCE WITH THE JURY VERDICT RENDERED ON JUNE 29, 2017,
AND THE COURT’S ORDERS, JUDGMENT IS HEREBY ENTERED IN FAVOR OF
Defendants Guardian and RPM Wood Finishes Group, Inc. (“RPM”) on:
(1) GIS’s Fifth Cause of Action;
(2) GIS’s Seventh Cause of Action, insofar as this claim relates
to the parties’ Agreements other than the 2015 Form
Agreement, as discussed in the Court’s January 18, 2017,
order (Doc. 133); and
(3) GIS’s Ninth Cause of Action;
IN ACCORDANCE WITH THE JURY VERDICT RENDERED ON JUNE 29, 2017,
AND THE COURT’S ORDERS, JUDGMENT IS HEREBY ENTERED IN FAVOR OF Guardian
on:
(1) GIS’s Second Cause of Action against Guardian; and
(2) GIS’s Eighth Cause of Action against Guardian.
IN ACCORDANCE WITH THE JURY VERDICT RENDERED ON JUNE 29, 2017,
JUDGMENT IS HEREBY ENTERED IN FAVOR OF RPM on GIS’s Tenth Cause of
Action.
IN ACCORDANCE WITH THE JURY VERDICT RENDERED ON JUNE 29, 2017,
AND THE COURT’S ORDERS, JUDGMENT IS HEREBY ENTERED IN FAVOR OF GIS on
Guardian’s:
(1) First
Counterclaim,
insofar
as
Guardian
requested
declaratory relief regarding “[w]hether Guardian is entitled
to immediately terminate the Distributor Agreements due to
GIS’s breaches of their express and implied terms”;
(2) First
Counterclaim,
insofar
as
Guardian
requested
declaratory relief regarding “[w]hether the [electronic]
furniture protection plans qualify as a Guardian Product
within the scope of the rights granted by the” Pennsylvania,
Alabama, Tennessee, Ohio, Indiana, and Midwest Agreements;
(3) First
Counterclaim,
insofar
as
Guardian
requested
declaratory relief regarding “whether Guardian may establish

(4)

(5)
(6)
(7)
(8)
(9)

a purchase quota for the [electronic] furniture protection
plans above that applicable to the Original Products”;
First
Counterclaim,
insofar
as
Guardian
requested
declaratory relief regarding “[w]hether GIS has used its
best efforts to promote the sale of Guardian Products in the
exclusive distribution territories established by the
Distributor Agreements”;
Second Counterclaim;
Third Counterclaim;
Fourth Counterclaim;
Fifth Counterclaim; and
Sixth Counterclaim.

The Court ORDERS that the following claims are DISMISSED WITH
PREJUDICE pursuant to Fed. R. Civ. P. 12(b)(6) (See Doc. 30):
(1) GIS’s Sixth Cause of Action against Guardian, as alleged in
its Complaint filed February 27, 2015;
(2) GIS’s Seventh Cause of Action against Guardian, as alleged
in its Complaint filed February 27, 2015;
(3) GIS’s Eighth Cause of Action against Guardian, as alleged in
its Complaint filed February 27, 2015;
(4) GIS’s Ninth Cause of Action against Guardian, as alleged in
its Complaint filed February 27, 2015;
(5) GIS’s Tenth Cause of Action against Guardian, as alleged in
its Complaint filed February 27, 2015; and
(6) GIS’s Eleventh Cause of Action against Guardian, as alleged
in its Complaint filed February 27, 2015.
The Court ORDERS that the following claims are DISMISSED WITH
PREJUDICE pursuant to Fed. R. Civ. P. 41(b) for want of prosecution:
(1) GIS’s First Cause of Action against RPM;
(2) GIS’s Second Cause of Action against RPM;
(3) GIS’s Third Cause of Action against RPM;
(4) GIS’s Third Cause of Action against Guardian, insofar as GIS
alleged in this claim that Guardian breached the Bob’s
Discount Furniture Agreement by selling products to Bob’s
Discount Furniture in the geographic areas covered by the
Pennsylvania, Alabama, Tennessee, Ohio, Indiana, and Midwest
Agreements;
(5) GIS’s Fourth Cause of Action;
(6) GIS’s Sixth Cause of Action;
(7) GIS’s Seventh Cause of Action, insofar as this claim relates
to the 2015 Form Agreement, as discussed in the Court’s
January 18, 2017, order (Doc. 133);
(8) GIS’s Eighth Cause of Action against RPM; and
///
///
///
///

(9)

DATED:

Guardian’s First Counterclaim, insofar as Guardian requested
declaratory relief regarding “[w]hether the [electronic]
furniture protection plans qualify as a Guardian Product
within the scope of the rights granted by the Florida, MidAtlantic, and Cook County Agreements.”

December 13, 2021
KEITH HOLLAND, Clerk
By:

/s/ Wendy Kusamura
Deputy Clerk