Rotosound Manufacturing Limited v. Cenveo Corporation

Filing 62

JUDGMENT. Signed by Judge Beth Labson Freeman on 1/31/2018. (blflc1S, COURT STAFF) (Filed on 1/31/2018)

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1 2 3 4 5 6 7 8 9 10 HANSON BRIDGETT LLP MERTON A. HOWARD, SBN 161125 mhoward@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, California 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 ROETZEL & ANDRESS NICHOLAS P. RESETAR (pro hac vice) nresetar@ralaw.com 222 South Main Street Akron, OH 44308 Telephone: (330) 376-2700 Facsimile: (330) 376-4577 Attorneys for Plaintiff ROTOSOUND MANUFACTURING LIMITED 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 ROTOSOUND MANUFACTURING LIMITED 15 Plaintiff, 16 v. 17 CENVEO CORPORATION and DOES 1 TO 18 10 19 Case No. 16-cv-02379-BLF [PROPOSED] JUDGMENT Defendant. 20 21 On or about December 22, 2017, Plaintiff Rotosound Manufacturing Limited 22 ("Rotosound") filed its Notice of October 23, 2017 Acceptance of Offer of Judgment made by 23 Defendant Cenveo Corporation ("Cenveo") pursuant to Federal Rule of Civil Procedure 68 on 24 October 9, 2017, in the total sum of $1,025,000.00. On or about January 24, 2018, Rotosound 25 filed its Notice of Satisfaction of Judgment and Payment of Postjudgment Interest 26 acknowledging full satisfaction, payment, and discharge of the Rule 68 offer amount of 27 $1,025,000.00 and the parties' stipulated postjudgment interest amount of $2,113.47. On or 28 Case No. 16-CV-02384-BLF PROPOSED JUDGMENT 14121550.2 1 about January 24, 2018, this Court's issued its Order Directing Rotosound to Submit a Proposed 2 Judgment on or before January 31, 2018. 3 NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT: 4 1. Pursuant to Rule 68, an Offer of Judgment having been made and accepted, 5 judgment is hereby entered in this action in favor of Rotosound and against Cenveo, in the sum 6 of $1,025,000.00 along with additional postjudgment interest in the sum of $2,113.47, with each 7 party to bear its own respective costs, expenses, and attorneys' fees. 8 2. Rotosound acknowledges full satisfaction, payment, and discharge of the 9 judgment and the postjudgment interest amounts. 10 3. This judgment resolves and satisfies any and all of Rotosound's allegations and 11 claims in this action, including any and all claims for costs of suit, attorneys' fees, or any and all 12 other costs or monetary payments that might be claimed or recoverable by Rotosound. 13 4. This judgment is entered pursuant to Rule 68 and is not to be construed as an 14 admission that Cenveo is liable for the allegations or claims raised by Rotosound in this action, 15 and is otherwise to have no effect except to resolve this action. 16 17 Dated: __________________________ 18 ____________________________________ HON. BETH LABSON FREEMAN United States District Judge 19 20 21 Approved As To Form: POLSINELLI LLP 22 23 24 25 By: /s/ John M. Kilroy, Jr. John M. Kilroy, Jr. Attorneys for Defendant CENVEO CORPORATION 26 27 28 Case No. 16-CV-02384-BLF PROPOSED JUDGMENT 14121550.2

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