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

Filing 188

DEFAULT JUDGMENT in favor of Progress Solar Solutions, LLC against Fire Protection, Inc. Signed by District Judge James C. Dever III on 8/16/2021. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-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
VALKENBURG~,ASTRUSTEEFOR
THE NORMAN STEPHEN VAN
VALKENBURGHIRREVOCABLE
LIVING TRUST; MIKEL BILLS; and
MICHAEL D. LONG.
Defendants

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

DEFAULT JUDGMENT ·

)
)
)

This cause is before the Court for entry of default judgment against Defendant Fire
Protection, Inc. dba FPI Environmerital ("FPI''), pursuant to Fed. R. Civ. P. 37 and 55. [D.E. 174].
On August 11, 2021, the Court granted Plaintiffs motions: (1) for sanctions against FPI, (2) to
strike FPI's answer, and (3) for entry of default against FPI for FPI's repeated failures to comply
with this Court's orders. [D.E. 185.] FPI's answer having been stricken, and default against FPI
having been entered, the Court now enters Judgment against FPI on liability as to all Plaintiffs
claims for relief against it asserted in Plaintiffs Second Amended Complaint [D.E. 89].
It is, therefore, ORDERED, ADJUDGED and DECREED that:
1.

Plaintiff Progress Solar Solutions, LLC. ("Progress Solar") shall have and recover
compensatory damages against FPI in an amount to be determined on further
proceedings by the Court.

Case 5:17-cv-00152-D Document 188 Filed 08/16/21 Page 1 of 3

2.

The compensatory damages awarded against FPI and in favor of Plaintiff shall be
trebled, pursuant to N.C. Gen. Stat.§ 75-16 and 15 U.S.C. § 1117.

3.

FPI shall disgorge to Plaintiff all profits FPI derived through its breaches of
contract, unauthorized use of Plaintiffs trade secrets and proprietary information,
or FPI's other unlawful or unfair competition described in the Second Amended
Complaint, including FPI's palming off of Plaintiffs property as if it belonged to
FPI; the amount of these profits to be determined on further proceedings by this
Court.

4.

FPI 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 ofFPI's and SMS's solar light towers.

5.

FPI and anyone acting in concemt with it, or on its behalf, is permanently enjoined
from disclosing to anyone any proprietary information or . "know how", and trade
secrets, belonging to Progress Solar.

6.

FPI is permanently enjoined from competing against Plaintiff for an uninterrupted
period of two years from the date of entry of this Judgment.

7.

FPI is enjoined from unfairly competing against Plaintiff, including without
limitation, that FPI shall not assert or imply to anyone that any current association
exists between FPI and Plaintiff,· and FPI shall not interfere with or be involved
with Plaintiffs business in any way.

8.

FPI, its agents, affiliates, or anyone working for, in concert with or on behalf ofFPI
are permanently enjoined from (a) engaging in false or misleading advertising with
respect to Solar Mod Systems, Inc.' ("SMS's") or Progress Solar's solar light

2

Case 5:17-cv-00152-D Document 188 Filed 08/16/21 Page 2 of 3

towers, (b) violating Section 43(a) of the Lanham Act, and (c) violating the North
Carolina Unfair and Deceptive Trade Practices Act.
9.

FPI shall pay to Plaintiff an amount necessary for Progress Solar to conduct
corrective advertising to remedy the effects of FPI' s false advertising; this amount
to be determined on further proceedings by the Court.

10.

Plaintiff's reasonable attorney's fees incurred in prosecuting this action, in an
amount to be determined on further proceedings by the Court, shall be taxed against
FPI, as part of the costs of this action pursuant to N.C. Gen. Stat.§ 75-16.1, or if
appropriate, as part of Plaintiff's damages, pursuant to 15 U.S.C. § 1117; and

11.

All other recoverable costs of this action shall be taxed against FPI, in an amount
to be determined on further proceedings by the Court.

·SO ORDERED. This the&_ day_of l\"lf vsl, 2021.

~ S C. DEVER III
United States District Judge

3

Case 5:17-cv-00152-D Document 188 Filed 08/16/21 Page 3 of 3