Maxim Integrated Products, Inc., v. Quintana et al

Filing 61

ORDER ENTERING CONFESSION OF JUDGMENT re 60 Notice (Other) filed by Maxim Integrated Products, Inc.,. Signed by Judge James Ware on December 18, 2009. (jwlc2, COURT STAFF) (Filed on 12/18/2009)

1 2 3 4 5 6 7 8 9 10 Maxim Integrated Products, Inc., v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-00514 JW ORDER ENTERING CONFESSION OF JUDGMENT

United United States District Court

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For the Northern District of California

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Richard Quintana, et al., Defendants. /

Presently before the Court are (1) Confession of Judgment (Docket Item No. 60) and (2) Declaration of Michael J. Ioannou in Support of Entry of Confession of Judgment, Request for Attorneys' Fees and Costs in Accordance with the Court's November 17, 2009 Order. (hereafter, "Ioannou Decl.," Docket Item No. 59.) The Court ordered Plaintiff to file these documents in its November 17, 2009 Order Granting Plaintiff's Motion to Enforce Settlement Agreement. (hereafter, "November 17 Order," Docket Item No. 56.) Upon review of Plaintiff's submissions, the Court finds it appropriate to enter the Confession of Judgment and award Plaintiff attorney fees and costs related to enforcing the Confession of Judgment. However, the Court finds that Plaintiff is not entitled to attorney fees for enforcement of the Confession or the permanent injunction in this case as to third parties, for which Plaintiff claims the sum of $15,145. (See Ioannou Decl. ¶¶ 4, 6.) The Confession of Judgment was signed by Defendant Quintana on behalf of himself and dba Defendant My-iButton, LLC. (See Confession of Judgment at 3.) The Confession allows Plaintiff to recover "reasonable attorneys' fees and costs in filing and enforcing this Confession of Judgment." (Id. (emphasis added).) Nothing in the

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Confession reasonably indicates that Defendant Quintana is responsible for Plaintiff's attorney fees or costs for enforcement actions taken against third parties. Nor is it clear how Plaintiff could enforce the Confession against third parties (i.e., entities not party to the Confession). Thus, the Court will award Plaintiff attorney fees and costs only for enforcement of the Confession of Judgment against Defendants, which total $9,850.82. (See Ioannou Decl. ¶¶ 4, 7.) In sum, the Court finds it appropriate to enter the Confession of Judgment in the sum of $94,850.82 as follows: (1) $75,000 as the amount owed under the Settlement Agreement, (2) $10,000 in liquidated damages, and (3) $9,850.82 in attorney fees and costs. Defendant Quintana shall pay to Plaintiff $94,850.82 within 60 days of this Order.

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: December 18, 2009 JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: David P. Morales [e-mail] Lita Monique Verrier [e-mail] Michael J. Ioannou [e-mail]

Dated: December 18, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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