Bestway (USA), Inc. et al v. SGROMO et al

Filing 148

JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 4/18/2019. (ndrS, COURT STAFF) (Filed on 4/18/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BESTWAY (USA), INC., et al.,
Plaintiffs,

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JUDGMENT

v.

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Case No. 17-cv-00205-HSG

PIETRO PASQUALE-ANTONI SGROMO,
et al.,

United States District Court
Northern District of California

Defendants.
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Having ordered the funds distributed and discharged the interpleader, see Dkt. No. 107,

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and awarded attorneys’ fees and costs to Plaintiffs, see Dkt. No. 144, the Court enters judgment as

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follows:

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1. Plaintiffs Bestway (USA) Inc., Bestway (Hong Kong) International Ltd., and Bestway

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Inflatables and Material Corporation’s (collectively, “the Bestway Companies” or

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“Plaintiffs”) having brought this interpleader action to determine who owns certain

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royalties, which are currently in escrow and flow from two license agreements

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(“Royalty Payment”), are deemed innocent stakeholders of such Royalty Payment; and

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the Bestway Companies are discharged from this matter upon depositing with the

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registry of the Court the Royalty Payment, reduced by the fees and costs awarded to

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the Bestway Companies under their granted fees motion, as described below.

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2. Within 30 days of the entry of this Judgment, the Bestway Companies shall deposit

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with the registry of the Court the present value of the Royalty Payment, accrued under

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the ’440 Patent License Agreement and the Slide License Agreement, reduced by the

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$81,911.70 in fees and costs awarded to the Bestway Companies under their granted

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fees motion, see Dkt. No. 144.

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3. The Royalty Payment deposited with the registry of the Court shall be disbursed in

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accordance with this Court’s findings on summary judgment that Defendant Scott was

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at the time of the ‘440 Patent License Agreement, Dkt. No. 79-6, the owner of all right,

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title, and interest to U.S. Patent No. 7,046,440; that Defendant Eureka was the owner

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of all rights with respect to the products that are the subject of the Water Slide License

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Agreement, Dkt. No. 79-7, at the time that the Water Slide Agreement was entered; and

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that Defendants Scott and Eureka are entitled to all royalties accrued under the ‘440

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Patent License Agreement and the Water Slide License Agreement, subject to the

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above-referenced reduction for fees and costs awarded to the Bestway Companies

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United States District Court
Northern District of California

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under their granted fees motion.
4. The Bestway Companies and their past, present, and future parents, subsidiaries,

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affiliates, successor, predecessors, assignees, agents, producers, servants, employees,

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officers, directors, principals, representatives, attorneys, and insurers are hereby

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released and discharged from all liability by Defendants Pietro Pasquale-Antonio

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Sgromo (a/k/a Peter Anthony Sgromo), Wagmore & Barkless LLC, Leonard Gregory

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Scott, and Eureka Inventions LLC or any other entity claiming an interest, on account

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of all claims pertaining to the Royalty Payment.

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5. To the fullest extent provided by 28 U.S.C. § 2361, Defendants are permanently

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and perpetually restrained and enjoined from filing or prosecuting any claim in any

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federal or state court pertaining to the Royalty Payment.

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IT IS SO ORDERED.
Dated: 4/18/2019
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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