Salba Corp., N.A. et al v. X Factor Holdings, LLC et al

Filing 198

JUDGMENT by Clerk: in favor of Salba Corp NA, Salba Smart Naturals Products, Richard L. Ralston, William A. Ralston against Ancient Naturals, LLC, Core Naturals, LLC, Natural Guidance, LLC, X Factor Holdings, LLC, Mitchell A. Propster re: 197 Order on Motion for Permanent Injunction and 196 Order on Motion for Default Judgment. By Clerk on 9/29/15. (kfinn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01306-REB-KLM
SALBA CORP., N.A., a Canadian corporation,
SALBA SMART NATURALS PRODUCTS, a Colorado limited liability company,
WILLIAM A. RALSTON, and
RICHARD L. RALSTON,
Plaintiffs,
v.
X FACTOR HOLDINGS, LLC, an inactive Florida limited liability company,
ANCIENT NATURALS, LLC, a Florida limited liability company,
MITCHELL A. PROPSTER, a resident of the State of Florida,
CORE NATURALS, LLC, a Florida limited liability company, and
NATURAL GUIDANCE, LLC, a Florida limited liability company,
Defendants and Counter-Claimants.
FINAL JUDGMENT
In accordance with the orders filed during the pendency of this case, and pursuant to Fed.
R. Civ. P. 55(b), the following Final Judgment is hereby entered.
Pursuant to the Order Granting Motions for Default Judgment [#196] and the Order for
Permanent Injunction [#197] of Judge Robert E. Blackburn entered on September 28, 2015, it is
ORDERED that default judgment is entered in favor plaintiffs, Salba Corp., N.A., a
Canadian corporation, Salba Smart Naturals Products, a Colorado limited liability company,
William A. Ralston, and Richard L. Ralston, and against the defendants, X Factor Holdings, LLC,
an inactive Florida limited liability company, Ancient Naturals, LLC, a Florida limited liability
company, Mitchell A. Propster, a resident of the State of Florida, Core Naturals, LLC, a Florida
limited liability company, and Natural Guidance, LLC, a Florida limited liability company, on the
first, second, third, fourth, fifth, sixth, seventh, eighth, and eleventh claims for relief alleged in the
amended complaint [#62]; it is
ORDERED that X Factor Holdings, LLC, an inactive Florida limited liability company,
Ancient Naturals, LLC, a Florida limited liability company, Mitchell A. Propster, a resident of the
State of Florida, Core Naturals, LLC, a Florida limited liability company, and Natural Guidance,
LLC, a Florida limited liability company, each are subject to the Order of Permanent

Injunction [#197]; it is
ORDERED that under 15 U.S.C. § 1117(c), the plaintiffs are awarded statutory damages
in the principal amount of 2,800,000 dollars, payable jointly and severally by the defendants; it is
ORDERED that under 15 U.S.C. § 1117(d), the plaintiffs are awarded statutory damages
in the principal amount of 4,800,000 dollars, payable jointly and severally by the defendants; it is
ORDERED that under 17 U.S.C. § 504(c)(2), the plaintiffs are awarded statutory damages
in the principal amount of 150,000 dollars, payable jointly and severally by the defendants; it is
ORDERED that the total principal amount of this judgment is 7,750,000 dollars; it is
ORDERED that the plaintiffs are awarded their costs, to be taxed by the clerk of the court
in the time and manner required by Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and it is
ORDERED that post-judgment interest shall accrue from the date of entry of judgment at
the rate permitted by law (.34%), as calculated under 28 U.S.C. § 1961.
Dated at Denver, Colorado this 29th day of September, 2015.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/

K. Finney
K. Finney
Deputy Clerk

s/ Robert E. Blackburn
United States District Judge

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