Microsoft Corporation v. Premier Selling Technologies et al

Filing 24

ORDER AND JUDGMENT granting Plaintiff's 19 MOTION to Vacate Stipulation and Order of Dismissal and To Enter Stipulated Judgment; Court's 18 Order of Dismissal is vacated; Plaintiff Microsoft Corporation is granted judgment against Defendant Mark E. Valentine in the amount of US $167,435.06, signed by Judge Richard A Jones. (SWT)

The Honorable Richard A. Jones

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICROSOFT CORPORATION,
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No. 2:15-cv-463-RAJ
Plaintiff,

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ORDER & JUDGMENT
v.

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PREMIER SELLING TECHNOLOGIES;
PREMIER SELLING TECHNOLOGIES, INC.;
PREMIER SELLING TECHNOLOGIES
CORPORATION; BILLING SYSTEMS
CORP.; MARK E. VALENTINE; CODY JERY
ALLAN ALTIZER a/k/a CODY ALLAN;
ROBERT ROMERO; and DOES 1-20,

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Defendants.
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SUMMARY OF JUDGMENT

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1.

Judgment Creditor:

Microsoft Corporation

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Judgment Debtors:

Mark E. Valentine

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Attorneys for Judgment Creditor:

Bonnie MacNaughton
James Harlan Corning
Davis Wright Tremaine LLP
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045

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STIPULATED JUDGMENT
(No. 2:15-cv-463-RAJ) – 1

Davis Wright Tremaine LLP
L AW O FFICE S
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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Attorneys for Judgment Debtors:

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Amount of Principal Judgment

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6.

Amount of Prejudgment Interest

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a. From July 15, 2016 through
September 15, 2017

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b. After September 15, 2017 (at
$24.66 per day)

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Rob J. Crichton
David J. Ko
Eric R. Laliberte
Keller Rohrback
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3045
Telephone: [phone]
US $150,000.00

US $10,500.00
US $641.16

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Awarded attorneys’ fees, expenses and US $6,293.90
costs to date:

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TOTAL JUDGMENT:

US $167,435.06

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Postjudgment interest on TOTAL
JUDGMENT amount

To accrue pursuant to 28 U.S.C. § 1961 until
judgment satisfied.

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JUDGMENT & ORDER

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THIS MATTER originally came before the Court on Plaintiff’s Motion to Vacate Order
of Dismissal and to Enter Stipulated Judgment. Pursuant to the settlement agreement entered
into of this case, Defendant Mark E. Valentine agreed to the entry of this judgment upon a
default in his settlement payments. The Court finds that Defendant Mark E. Valentine has
defaulted in his settlement payments and, pursuant to the settlement agreement, the Court
therefore makes a final determination of the rights of the parties in this action.
ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that:
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Microsoft’s Motion to Vacate Order of Dismissal and to Enter Stipulated

Judgment (Dkt. 19) is granted.
2.

The Court’s Order of Dismissal (Dkt. 18) is hereby vacated.

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STIPULATED JUDGMENT
(No. 2:15-cv-463-RAJ) – 2

Davis Wright Tremaine LLP
L AW O FFICE S
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax

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3.

Plaintiff Microsoft Corporation is granted judgment against Defendant Mark E.

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Valentine in the amount of US $167,435.06, This judgment shall bear interest at that the

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statutory rate specified in 28 U.S.C. § 1961 until such time as the judgment is satisfied.

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4.

The Court also finds and concludes that, under the terms of the parties’

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settlement agreement, Microsoft is further entitled to reimbursement for its attorneys’ fees in

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collecting upon this judgment. Microsoft shall therefore be entitled to apply to this Court, or to

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any other Court of competent jurisdiction, for a supplemental judgment reflecting future

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attorneys’ fees incurred in collecting upon this judgment. The Court retains continuing

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jurisdiction for purposes of entering such supplemental judgment.

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DATED the 12th day of October, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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STIPULATED JUDGMENT
(No. 2:15-cv-463-RAJ) – 3

Davis Wright Tremaine LLP
L AW O FFICE S
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
206.622.3150 main · 206.757.7700 fax