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

Filing 157

AMENDED JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 5/31/2019. (ndrS, COURT STAFF) (Filed on 5/31/2019)

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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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AMENDED 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, the Court enters this amended judgment as

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follows:

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

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

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Companies” or “Plaintiffs”) having brought this interpleader action to determine

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who owns certain royalties, which are currently in escrow and flow from two

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license agreements (“Royalty Payment”), are deemed innocent stakeholders of such

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Royalty Payment; and the Bestway Companies are discharged from this matter

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upon depositing with the registry of the Court the Royalty Payment, reduced by the

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fees and costs awarded to the Bestway Companies under their granted fees motion,

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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

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under the ’440 Patent License Agreement and the Slide License Agreement,

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reduced by the $82,541.70 in fees and costs awarded to the Bestway Companies

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under their granted fees motion, see Dkt. No. 144.
3. The Royalty Payment deposited with the registry of the Court shall be disbursed in
accordance with this Court’s findings on summary judgment that Defendant Scott

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

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

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

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Slide License Agreement, Dkt. No. 79-7, at the time that the Water Slide

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Agreement was entered; and that Defendants Scott and Eureka are entitled to all

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royalties accrued under the ‘440 Patent License Agreement and the Water Slide

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License Agreement, subject to the above-referenced reduction for fees and costs

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United States District Court
Northern District of California

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awarded to the Bestway Companies under their granted fees motion.

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4. The Bestway Companies and their past, present, and future parents, subsidiaries,

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

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employees, officers, directors, principals, representatives, attorneys, and insurers

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are hereby released and discharged from all liability by Defendants Pietro

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Pasquale-Antonio Sgromo (a/k/a Peter Anthony Sgromo), Wagmore & Barkless

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LLC, Leonard Gregory Scott, and Eureka Inventions LLC or any other entity

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claiming an interest, on account 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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Per the Court’s May 14, 2019 order, Dkt. No. 153, all deadlines imposed by the amended
judgment remain stayed until after all appeals have been resolved in this case.
IT IS SO ORDERED.
Dated: 5/31/2019
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HAYWOOD S. GILLIAM, JR.
United States District Judge

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