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.)

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

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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;

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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;

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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

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