Ocean Beauty Seafoods LLC et al v. Pacific Seafood Group Acquisition Company, Inc.
Filing
92
STIPULATION AND ORDER TO ENFORCE SETTLEMENT AGREEMENT by Judge Ricardo S Martinez. (PM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
OCEAN BEAUTY SEAFOODS LLC, an
Alaska limited liability company, and
MICHAEL COULSTON, an individual,
Plaintiffs,
No. C14-1072 RSM
STIPULATION AND ORDER TO
ENFORCE SETTLEMENT
AGREEMENT
v.
PACIFIC SEAFOOD GROUP ACQUISITION
COMPANY INC. d/b/a Pacific Seafood Group
and PACIFIC SEAFOOD GROUP, INC., an
Oregon corporation,
Defendants.
STIPULATION
The parties to the above-entitled action, by and through their respective counsel
of record, stipulate and agree that the above-entitled action has been fully settled and
compromised. The parties further consent that this Court shall retain jurisdiction for the
purpose of enforcing Paragraph 4 of the parties' Settlement Agreement and Release
("Agreement"). Upon payment of the amounts specified in paragraph 3 and completion of the
terms stated in paragraph 4 of the Agreement, the parties agree that the action should be
dismissed with prejudice and without further cost to any party.
STIPULATION AND ORDER TO ENFORCE
SETTLEMENT AGREEMENT
70107222.1
IT IS SO STIPULATED:
s/ Andrea M. Barton
Andrea M. Barton, OSB No. 092760
(admitted pro hac vice)
Bruce L. Campbell, WSB No. 19364
MILLER NASH GRAHAM & DUNN LLP
111 S.W. Fifth Avenue, Suite 3400
Portland, Oregon 97204
Telephone: (503) 224-5858
Facsimile: (503) 224-0155
Attorneys for Defendants
s/ David C. Kelly
David C. Kelly, WSBA No. 13534
Marcia P. Ellsworth, WSBA No. 14334
PETERSON RUSSELL KELLY PLLC
10900 NE 4th Street, Suite 1850
Bellevue, WA 98004-8341
Telephone: (425) 462-4700
Fax: (425) 451-0714
Attorneys for Plaintiffs
Date: June 23, 2016
Date: July 18, 2016
STIPULATED ORDER
The parties hereby agree that this case has been settled and that all issues and
controversies have been resolved to their mutual satisfaction. The parties request that the Court
retain jurisdiction to enforce a term of their settlement agreement.
IT IS HEREBY ORDERED:
1.
The parties shall comply with the non-competition covenant contained in
Paragraph 4 of their settlement agreement (the "Covenant"), which states as follows:
"4.
Covenant Not to Engage in Sales on Behalf of Ocean Beauty.
For a period of six months commencing on June 13, 2016, Coulston shall not
perform any service, task, duty, or responsibility for Ocean Beauty that furthers
or relates to Ocean Beauty's sale or marketing of its products to customers or
prospective customers within the Clackamas Region (defined as the state of
Oregon, extending north to Centralia, Washington, and south to Eureka,
California, as well as Boise, Idaho) or within a 100-mile radius from Mukilteo,
Washington (together, the "Non-competition Territory"). This prohibition
includes but is not limited to any communication or contact with any
representative or employee of any customer or prospective customer who is
located in or operates out of an office in the Non-competition Territory. Further,
the prohibition restricts Coulston's actions irrespective of whether they occur
STIPULATION AND ORDER TO ENFORCE
SETTLEMENT AGREEMENT
70107222.1
inside or outside the Non-competition Territory. So long as Coulston and Ocean
Beauty comply with the terms of this Agreement, this covenant shall expire on
December 13, 2016. For the avoidance of doubt it is understood and agreed that
Coulston may work in the Non-competition Territory in a non-sales capacity such
as operations and procurement. Coulston may also communicate with and contact
any representative or employee of any customer or prospective customer who is
located outside the Non-competition Territory and who does not operate out of an
office in the Non-competition Territory so long as that communication or contact
is not intended to facilitate sales to customers within the Non-competition
Territory.”
2.
If any party seeks the intervention of this Court to enforce the Covenant,
the party who prevails in that action shall be entitled to an award of attorney fees in addition to
other remedies permitted by law.
3.
Upon payment of amounts specified in paragraph 3 of the parties'
settlement agreement and completion of the Covenant, the case will be dismissed with prejudice,
and without further costs to either party.
IT IS SO ORDERED this 20th day of July 2016.
A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
Presented by:
s/ Andrea M. Barton
Andrea M. Barton, OSB No. 092760
E-mail: andrea.barton@millernash.com
(admitted pro hac vice)
Bruce L. Campbell, WSB No. 19364
E-mail: bruce.campbell@millernash.com
MILLER NASH GRAHAM & DUNN LLP
111 S.W. Fifth Avenue, Suite 3400
Portland, Oregon 97204
Telephone: (503) 224-5858
Facsimile: (503) 224-0155
Attorneys for Defendants
STIPULATION AND ORDER TO ENFORCE
SETTLEMENT AGREEMENT
70107222.1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?