Ace Oilfield Rentals LLC v. Western Dakota and Fabrication LLC et al

Filing 75

JUDGMENT in favor of Ace Oilfield Rentals LLC against Western Dakota and Fabrication LLC. Signed by Honorable Timothy D. DeGiusti on 9/6/2017. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ACE OILFIELD RENTALS, LLC,

)
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Plaintiff,
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v.
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WESTERN DAKOTA AND FABRICATION, )
LLC, a South Dakota limited liability company, )
DOUG KERKVLIET, an individual, and
)
TUCKER PANKOWSKI, an individual,
)
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Defendants.
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Case No. CIV-15-672-D

DEFAULT JUDGMENT AND ORDER OF INJUNCTION
Plaintiff’s Motion for Entry of Judgment as to Defendant Western Dakota and
Fabrication, LLC, aka Western Dakota Welding and Fabrication, LLC [Doc. No. 66] was
previously granted [Doc. No. 69], but a hearing was necessary in order to determine
recoverable damages. A hearing pertaining to damages was held on March 1, 2017.
Pursuant to the Order entered September 1, 2017 [Doc. No. 74], the Court enters judgment
for Plaintiff against Western Dakota for damages in the amounts as follows:
1. $454,554.90 in actual damages;
2. $1.00 in nominal damages;
3. $89,952.80 in punitive damages; and
4. $108,390.25 in attorney’s fees.

IT IS FURTHER ORDERED that Western Dakota, and all persons or entities acting
in concert with it, are permanently enjoined and restrained from the following acts:
a) manufacturing, offering for sale, selling, advertising, distributing or marketing
Plaintiff’s HydraCat via the Internet or to the general public. This restriction
includes any further marketing, selling, advertising or distributing of the
HydraCat to any past, existing, or future customers; and
b) disseminating or disclosing to any third party Plaintiff’s confidential proprietary
information and trade secrets.
ENTERED this 6th day of September 2017.

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