Progress Solar Solutions, LLC v. Fire Protection, Inc. et al

Filing 166

DEFAULT JUDGMENT in favor of Progress Solar Solutions, LLC against Solar Mod Systems, Inc. Signed by District Judge James C. Dever III on 1/6/2021. Sent to Michael D Long and Solar Mod Systems, Inc. at 3948 Legacy Drive Suite 106-155 Plano, TX 75023 and Mikel Bills at 11737 Belmont Place Chino, CA 91710 via US Mail. (Sellers, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:l 7-CV-152-D PROGRESS SOLAR SOLUTIONS, LLC, Plaintiff, V. FIRE PROTECTION, INC. dba FPI ENVIRONMENTAL; JOHN DOE, AS ADMINISTRATOR FOR THE ESTATE OF NORMAN STEPHEN VAN VALKENBURGH, and JEFFREY VAN VALKENBURGH,ASTRUSTEEFOR THE NORMAN STEPHEN VAN VALKENBURGHIRREVOCABLE LIVING TRUST; MIKEL BILLS; and MICHAEL D. LONG. Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) DEFAULT JUDGMENT This cause is befofe the Court for entry of default judgment against Defendant Solar Mod Systems, Inc., ("SMS"), pursuant to Fed. R. Civ. P. 37 and 55. [D.E. 152]. On December 29, 2020, the Court granted Plaintiffs motions: (1) for sanctions against SMS, (2) to strike SMS's answer, and (3) for entry of default against SMS for SMS's repeated failures to comply with this Court's orders. [D.E. 163]. SMS's answer having been stricken and default against SMS having been entered, the Court now enters Judgment against ~MS on liability on all Plaintiffs claims for relief asserted in Plaintiffs Second Amended Complaint [D.E. 89]. It is, therefore, ORDERED, ADJUDGED and DECREED that: 1. Plaintiff shall have and recover compensatory damages against SMS in an amount to be determined on further proceedings by the Court; Case 5:17-cv-00152-D Document 166 Filed 01/06/21 Page 1 of 3 2. The compensatory damages awarded against SMS shall be trebled, pursuant to N.C. Gen. Stat.§ 75-16 and 15 U.S.C. § 1117; 3. SMS shall disgorge to Plaintiff all profits SMS derived through its breaches of contract, unauthorized use of Plaintiffs trade secrets and proprietary information, or SMS's other unlawful or unfair competition described in the Second Amended Complaint, including their palming off of Plaintiffs property as if it belonged to SMS, the amount of these profits to be determined on further proceedings by this Court; 4. SMS has violated 15 U.S.C. § 1125(a) by unfairly competing against Plaintiff by using false, deceptive or misleading statements of fact that misrepresent the nature, quality and characteristics of SMS's solar light towers; 5. SMS is permanently enjoined from competing against Plaintiff for an uninterrupted period of two years from the date of entry of this Judgment; 6. SMS is enjoined from unfairly competing against Plaintiff, including without limitation, that SMS shall not assert or imply that any current association exists between SMS and Plaintiff, and SMS shall not interfere with or be involved with Plaintiffs business in any way; 7. SMS, its agents, affiliates, or anyone working for, in concert with or on behalf of SMS are permanently enjoined from (a) engaging in false or misleading advertising with respect to SMS 's solar light towers, (b) violating Section 43(a) of the Lanham Act, and (c) violating the North Carolina Unfair and Deceptive Trade Practices Act; 8. SMS shall immediately remove all false or misleading advertisements described in the Second Amended Complaint; 2 Case 5:17-cv-00152-D Document 166 Filed 01/06/21 Page 2 of 3 9. SMS shall pay to Plaintiff an amount necessary for Plaintiff to conduct corrective advertising to remedy the effects of SMS's false advertising, this amount to be determined on further proceedings by the Court; 10. Plaintiffs reasonable attorneys fees incurred in prosecuting this action, m an amount to be determined on further proceedings by the Court, shall be taxed against SMS as part of the costs of this action, pursuant to N.C. Gen. Stat. § 75-16.1 and 15 U.S.C. § 1117; and 11. The costs of this action shall be taxed against SMS, in an amount to be determined on further proceedings by the Court. SO ORDERED. This the _k_ day of January, 2021. United States District Judge 3 Case 5:17-cv-00152-D Document 166 Filed 01/06/21 Page 3 of 3

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