SmarTek21, LLC v. VisiKard, Inc

Filing 90

ORDER granting plaintiff's 87 Motion to Reopen Case and Enter Judgment by Confession; directing the Clerk to enter a final judgment in favor of SmarTek21 and against Defendant VisiKard, Inc. and Defendant Kenneth Lipscomb. Signed by Judge Thomas S. Zilly. (SWT)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

SMARTEK21, LLC, a Washington limited
liability company,
Plaintiff,
v.

11
12

VISIKARD, INC., a Delaware corporation, and
KENNETH LIPSCOMB, an individual.

13

NO.: 2:17-cv-01798-TSZ
ORDER GRANTING
PLAINTIFF’S MOTION TO
REOPEN CASE AND ENTER
JUDGMENT BY CONFESSION

Defendants.

14
Findings of Fact & Conclusions of Law

15
16

1. On June 21, 2019, the parties entered into a Settlement Agreement setting forth a
payment schedule for the agreed-upon settlement amount.

17
18
19
20
21

2. Contemporaneously, the Defendants executed a Confession of Judgment in the amount of
$200,000.00.
3. The Settlement Agreement provides that if the Defendants default on the settlement
payments, SmarTek21 shall reopen this litigation and enter the Confession of Judgment.
4. Defendants have defaulted on the settlement payments and have made no payments
toward the settlement amount.

22
5. Plaintiff filed a motion to reopen this case (docket no. 87) within 90 days of the May 30,
23

2019 Order of Dismissal (docket no. 86).

24
25

ORDER GRANTING PLAINTIFF’S MOTION
TO REOPEN CASE AND ENTER JUDGMENT
BY CONFESSION
SmarTek21 v. VisiKard - 1

MDK LAW

777 108th Avenue Northeast, Suite 2000
Bellevue, Washington 98004
[phone]

1

6. Reopening this case is warranted.

2

7. Entry of judgment by confession is warranted in the amount of $200,000.00.

3

8. Defendants are jointly and severally liable for the Confession of Judgment, a copy of

4
5

which is attached hereto.
9. There is no just reason to delay entering final judgment in this case.
ORDER

6
7
8
9
10
11

IT IS HEREBY ORDERED that Plaintiff’s Motion to Reopen Case and Enter Judgment
By Confession is GRANTED:
A. This lawsuit is reopened.
B. Pursuant to the attached Confession of Judgment, the Clerk is directed to enter final
judgment in favor of SmarTek21 and against Defendant VisiKard, Inc. and Defendant
Kenneth Lipscomb, jointly and severally, in the amount of $200,000.00. The Judgment
shall be subject to 12% per annum post-judgment interest.

12
DATED this 17th day of September, 2019.
13

A

14
15

Thomas S. Zilly
United States District Judge

16
17
18
19
20
21
22
23
24
25

Presented By:
MDK Law
/s/ Mark D. Kimball
__________________________________
MARK D. KIMBALL, WSBA # 13146
DENNIS R. KASIMOV, WSBA # 51303
MDK Law
777 108th Ave NE, Suite 2000
Bellevue, WA 98004
Telephone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiffs
ORDER GRANTING PLAINTIFF’S MOTION
TO REOPEN CASE AND ENTER JUDGMENT
BY CONFESSION
SmarTek21 v. VisiKard - 2

MDK LAW

777 108th Avenue Northeast, Suite 2000
Bellevue, Washington 98004
[phone]