Neurogenx, Inc. v. Med-I-Fit Enterprises 1, L.L.C.

Filing 32

AMENDED DEFAULT JUDGMENT; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NEUROGENX, INC., a Michigan
corporation,
Case No. 1:16-cv-1187
Plaintiff,
Hon. Paul L. Maloney
v
MED-I-FIT ENTERPRISES 1, L.L.C.,
an Alabama limited liability company,
Defendant.
Brett A. Rendeiro (P64792)
Varnum LLP
Attorneys for Plaintiff
39500 High Pointe Blvd., Suite 350
Novi, Michigan 48375
248/567-7400
[e-mail]

Jason Klinowski
Wallace, Jordan, Ratliff and Brandt
Attorneys for Defendant
First Commercial Bank Building
800 Shades Creek Parkway
Suite 400
Birmingham, Alabama 35209
205/874-0331

AMENDED DEFAULT JUDGMENT
The Court, having reviewed Plaintiff's Complaint, Motion for Default
Judgment and Motion to Alter/Correct Judgment, and being fully advised in the
premises,
1.

IT IS HEREBY ORDERED that an Amended Default Judgment is

entered in favor of Plaintiff and against Defendant for $84,151.10, which includes
the following damages:

a. $75,000 in unpaid rent to date, plus $839.10 contractual interest to
date;
b. $7,512.00 for attorneys' fees incurred in prosecuting this action
pursuant to Section 22.11 of the Equipment Lease; and
c. $800 in costs incurred in connection with this action.
2.

IT IS FURTHER ORDERED that interest on this Amended Default

Judgment shall continue to accrue at the statutory rate until paid in full.
3.

IT IS FURTHER ORDERED that Defendant is enjoined from

disclosing, publishing, or otherwise using Plaintiff's Confidential Information,
directly or indirectly, for any purpose at any time. For purposes of this Amended
Default Judgment, Confidential Information is defined, pursuant to the Equipment
Lease, as any information concerning the business and affairs or technology of
Neurogenx, including: trade secrets, 'know how,' equipment, samples and all data,
notes, analyses, compilations, studies, summaries and other material prepared by
any Party containing or based, in whole or in part, on Confidential Information.
4.

IT IS FURTHER ORDERED that Defendant is enjoined from

engaging in competition with Plaintiff for a period of two (2) years, including
without limitation, the use of Neurogenx's customer testimonials. For purposes of
this Amended Default Judgment, "Competition" is defined, pursuant to the
Equipment Lease, as engaging in, directly or indirectly, in any attempts to do the
2

following: (1) divert or attempt to divert any business or End User of the Licensed
Product to any competitor, by direct or indirect inducement; (2) perform, directly
or indirectly, any other act injurious or prejudicial to the goodwill associated with
the Plaintiff's Licensed Product, trademarks, trade secrets, or other intellectual
property; (3) employ or seek to employ any person who is at that time employed by
Plaintiff or any other of Plaintiff's lessees or licensees, or otherwise directly or
indirectly induce such person to leave his or her employment; or (4) own, maintain,
engage in, be employed by, lease real estate to, finance or have any interest in any
business specializing, in whole or in part, in providing neuropathy products,
systems or services at your premises or within a twenty (20) mile radius of any
existing or proposed location.
IT IS SO ORDERED.
This Order resolves the last pending claim and closes this case.
/s/ Paul L. Maloney

Date: November 8, 2017

Paul L. Maloney
United States District Judge

11906261

3