Schnitzer Steel Industries, Inc. v. Sessler et al

Filing 102

PERMANENT INJUNCTION AND MONETARY JUDGMENT in favor of Schnitzer Steel Industries Inc against Pacific Hide & Fur Depot and Milton Sessler. Case is CLOSED. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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SCHNITZER STEEL INDUSTRIES,
INC.,

NO: 4:17-CV-5040-RMP

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Plaintiff,
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PERMANENT INJUNCTION AND
MONETARY JUDGMENT

v.
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MILTON SESSLER and PACIFIC
HIDE & FUR DEPOT, a Montana
corporation doing business as Pacific
Steel & Recycling,

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Defendants.

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Before the Court is the Parties' Stipulated Motion for Entry of Permanent

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Injunction and Monetary Judgment, ECF No. 101. The parties in this matter

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represent that they have fully executed a Mutual Release and Settlement

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Agreement (“Settlement Agreement”). As part of the Settlement Agreement, the

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parties stipulate to entry and enforcement of a permanent injunction against

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Defendant Milton Sessler and Defendants Pacific Hide & Fur Depot.

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PERMANENT INJUNCTION AND MONETARY JUDGMENT ~ 1

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MONETARY JUDGMENT SUMMARY
1. Judgment Creditor:

Schnitzer Steel Industries, Inc.
("Schnitzer")

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2. Counsel for Judgment Creditor: Barran Liebman, LLP
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3. Judgment Debtors:

Milton Sessler ("Sessler")

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Pacific Hide & Fur Depot, a Montana
Corporation dba Pacific Steel &
Recycling ("Pacific")

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4. Counsel for Debtors:
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Evans, Craven & Lackie, PS
Counsel for Sessler
Witherspoon Kelley
Counsel for Pacific

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5. Judgment Amount:

$297,000

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Therefore, IT IS HEREBY ORDERED, ADJUDGED, and DECREED
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that the parties’ Stipulation Motion for Permanent Injunction and Monetary
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Judgment, ECF No. 101, is GRANTED, and further:
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1. JUDGMENT IS ENTERED in favor of Plaintiff.
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2. Defendant Milton Sessler ("Sessler") is permanently enjoined from:
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a. Directly or indirectly soliciting or transacting business for a period of
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two years from the date of entry of this Judgment from people or
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entities who were customers or suppliers of Schnitzer Steel Industries,
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Inc. ("Schnitzer") with whom Sessler had dealings prior to quitting on
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March 7, 2017 and who operate within Oregon and Washington.
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PERMANENT INJUNCTION AND MONETARY JUDGMENT ~ 2

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b. Soliciting, diverting, or hiring away for a period of two years from the

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date of entry of this Judgment any person or entity who, within the

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six-month period prior to March 7, 2017, was an employee of or

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performed any work for Schnitzer.

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c. Retaining, using, disclosing, or otherwise misappropriating
confidential or trade secret information of Schnitzer.
d. Violating the terms of the Schnitzer Steel Industries, Inc. Employee

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Confidential Agreement ("Agreement") that Sessler executed on April

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14, 2014.

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3. Defendant Pacific Hide & Fur Depot, a Montana corporation, dba Pacific

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Steel & Recycling ("Pacific") is permanently enjoined from retaining or

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using or disclosing any confidential information or trade secret

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information of Schnitzer, including information that was or may have

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been provided to Pacific by Sessler or Martin Powers.

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4. Plaintiff Schnitzer Steel Industries, Inc., is awarded a monetary judgment

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against the Defendants, Sessler and Pacific, jointly and severally, in the

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amount of two hundred ninety-seven thousand dollars ($297,000.00).

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This Permanent Injunction and Monetary Judgment constitutes a final

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judgment pursuant to Fed. R. Civ. P. 54. No appeals shall be taken from this

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Permanent Injunction and Monetary Judgment, and Plaintiff and Defendants waive

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all rights to appeal. This Court expressly retains jurisdiction over this matter to
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enforce any violation of the terms of this Permanent Injunction and Monetary

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Judgment by Defendants.

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The District Court Clerk is directed to enter this Judgment, dismiss all other
pending motions, provide copies to counsel, and close this case.
DATED November 14, 2017.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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PERMANENT INJUNCTION AND MONETARY JUDGMENT ~ 4