General Steel Domestic Sales, LLC v. Chumley et al

Filing 347

FINAL JUDGMENT by Clerk, re: 346 Order. By Clerk on 5/7/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 10-cv-01398-PAB-KLM
GENERAL STEEL DOMESTIC SALES, LLC,
d/b/a General Steel Corporation, a Colorado limited liability company,
Plaintiff,
v.
ETHAN DANIEL CHUMLEY, individually, and
ATLANTIC BUILDING SYSTEMS, LLC, a Delaware corporation,
doing business as Armstrong Steel Corporation,
Defendants.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered.
This action was tried by U.S. District Judge Philip A. Brimmer without a jury and a
decision has been reached.
Pursuant to the Order [Docket No. 346] of Judge Philip A. Brimmer entered on
May 7, 2013 it is
ORDERED that the Court finds by a preponderance of the evidence that
defendants are liable to plaintiff on Count Two. It is
FURTHER ORDERED that defendants Ethan D. Chumley and Atlantic Building
Systems, LLC, doing business as Armstrong Steel Corporation, are enjoined from the
following:

a. Falsely presenting Armstrong as a manufacturer of steel buildings or falsely
stating that it fabricates steel buildings;
b. Falsely stating that General Steel does not provide pregalvanized
steel and steel fasteners; and
c. Stating that Armstrong provides “general steel buildings” or “general steel
construction.” It is
FURTHER ORDERED that this injunction is binding upon defendants, their
officers, agents, servants, employees, and attorneys, and upon those persons in active
concert or participation with them who receive actual notice of this order by personal
service or otherwise. It is
FURTHER ORDERED that judgment shall enter in favor of plaintiff General Steel
Domestic Sales, LLC against defendants Ethan Daniel Chumley and Atlantic Building
Systems, LLC in the amount of $243,462.00 plus postjudgment interest at the rate of
0.11%. It is further
FURTHER ORDERED that the plaintiff is AWARDED costs, to be taxed by the
Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.

Dated at Denver, Colorado this 7th day of May, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
s/Nel Steffens
Nel Steffens
Deputy Clerk