Products and Ventures International v. Axus Stationary (Shanghai) Ltd. et al

Filing 265

JUDGMENT AND DISMISSAL OF CLAIMS [*AS MODIFIED BY THE COURT*]. The parties are referred to Magistrate Judge Beeler for assistance in enforcing the judgment. Signed by Judge Yvonne Gonzalez Rogers on 8/7/2018. (fs, COURT STAFF) (Filed on 8/7/2018) Modified on 8/7/2018 (fs, COURT STAFF).

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RANDOLPH GAW (S.B. #223718)
[e-mail]
MARK POE (S.B. #223714)
[e-mail]
SAMUEL SONG (S.B. #245007)
[e-mail]
GAW | POE LLP
4 Embarcadero, Suite 1400
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counterclaim Defendant
Products and Ventures International and
Counterclaim Defendant Carlos Fairbanks

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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PRODUCTS AND VENTURES
INTERNATIONAL,

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Plaintiff,
v.

Case No. 4:16-CV-00669-YGR
[PROPOSED] JUDGMENT AND
DISMISSAL OF CLAIMS
*as modified by the Court*

AXUS STATIONERY (SHANGHAI)
LTD., et al.,

Judge: Hon. Yvonne Gonzalez Rogers
Courtroom: 1, Fourth Floor

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Defendants.

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ROBERTA TRADING CORPORATION,

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Counterclaimant,
v.
PRODUCTS AND VENTURES
INTERNATIONAL and CARLOS
FAIRBANKS,

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Counterclaim Defendants.

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[PROP] JUDGMENT AND
DISMISSAL OF CLAIMS
CASE NO. 3:16-CV-00669-YGR

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Plaintiff Products and Ventures International (“PVI”) brought claims for relief for (1)

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breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3)

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intentional interference with contract, (4) intentional interference with prospective economic

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advantage, (5) trade secret misappropriation, (6) fraudulent transfer, and (7) civil conspiracy

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against defendants Axus Stationery (Shanghai) Ltd., Shanghai Marco Stationery Co. Ltd.,

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Shanghai Laikesheng Pen Material Co. Ltd., Peifeng Xu, Andre Viegas, Roberta Trading

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Corporation, and Kenpark Ltd. (collectively, “Defendants”). Counterclaimant Roberta Trading

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Corporation brought counterclaims against Counterclaim Defendants PVI and Carlos Fairbanks

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for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and

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(3) intentional interference with contract.

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On July 25, 2018, the Court issued its Order Granting Motion to Enter Judgment Pursuant

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to Settlement (ECF No. 261). That order is hereby incorporated by reference as if set forth fully

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herein.

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The Court NOW ENTERS JUDGMENT AS FOLLOWS:

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1.

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Defendants will pay PVI $4.4 million (USD) immediately. Defendants are jointly

and severally liable for paying this amount.

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2.

All claims and counterclaims in this action are hereby dismissed with prejudice.

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3.

All claims arising out of or relating to the facts giving rise to the claims and

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counterclaims in this action are hereby released.

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4.

Each party shall bear their own costs, attorney’s fees, and other expenses.

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5.

The Court retains jurisdiction over the parties to enforce the terms of this

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judgment.

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6.

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The parties are referred to Magistrate Judge Laurel Beeler for assistance in

enforcing the judgment.

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Dated: August 7, 2018

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YVONNE GONZALEZ ROGERS
United States District Judge

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[PROP] JUDGMENT AND
DISMISSAL OF CLAIMS
CASE NO. 3:16-CV-00669-YGR