Seattle Pacific Industries, Inc v. S3 Holding LLC et al

Filing 61

JUDGMENT IN A CIVIL ACTION: Plaintiff Seattle Pacific Industries, Inc. is awarded judgment against Defendants S3 Holding LLC and Olivia Miller, Inc. jointly and severally in the amount of $308,464.10 (plus $52.60 per day between November 18, 2019 and the date that the Court enters judgment). Post-judgment interest on the judgment sum shall accrue at the rate of 1.56% from the date of entry hereof. Signed by Judge Robert S. Lasnik. (MW)

HONORABLE ROBERT S. LASNIK

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SEATTLE PACIFIC INDUSTRIES, INC.

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Civil Action No.: 18-cv-224-RSL

Plaintiff,

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JUDGMENT IN A CIVIL ACTION

v.

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S3 HOLDING LLC and OLIVIA MILLER, INC.

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Defendants.

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JUDGMENT SUMMARY

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Judgment Creditor:

Seattle Pacific Industries, Inc.

Judgment Debtors:

S3 Holding LLC and Olivia Miller, Inc.

Principal Judgment Amount:

$308,464.10

Damages (Breach of Contract)1
Damages (Trademark Infringement)2
Costs3
Attorney Fees4
Prejudgment Interest (12% per annum) 5

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$160,000.00
$ 31,136.00
$ 5,057.00
$ 64,615.50
$ 47,655.60

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See Order dated April 10, 2019, page 10. (Dkt. #49)
Id.

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See Order dated July 8, 2019, page 9. (Dkt. #56)

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See Order dated November 12, 2019, page 3. (Dkt. #59)

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See Order dated April 10, 2019, page 10. (Dkt. #49). This amount includes prejudgment interest from the date the
$160,000 in breach of contract damages became due, May 26, 2017, through November 18, 2019. If judgment is
entered on a later date, the daily amount of prejudgment interest that accrues is $52.60 (calculated as $160,000 x 0.12 /
365). The period from May 26, 2017 through the date of this filing is 906 days.

JUDGMENT IN A CIVIL ACTION
Civil Action No. 2:18-cv-00224-RSL

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SEED INTELLECTUAL PROPERTY LAW GROUP LLP
701 FIFTH AVENUE, SUITE 5400
SEATTLE, WASHINGTON 98104-7092
[phone]

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Post-Judgment Interest Rate
Pursuant to 28 U.S.C. § 19616:
Attorneys for Judgment Creditor
Seattle Pacific Industries, Inc.:

Marc C. Levy
Thomas A. Shewmake
SEED IP Law Group LLP
701 Fifth Ave., Suite 5400
Seattle, WA 98104

Attorney for Judgment Debtors
S3 Holding LLC and
Olivia Miller, Inc.:

Scott Zarin
Zarin & Associates, P.C.
244 West 102nd Street, #3B
New York, NY 10025

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1.56%

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ORDER

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On April 10, 2019 The Court issued an Order (Dkt. #49) granting in part Seattle Pacific

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Industries, Inc.’s (“SPI”) Motion for Summary Judgment. The Court awarded SPI damages for its

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breach of contract claim in the amount of $160,000 plus pre-judgment interest at the rate of 12%

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per annum. SPI was also awarded $31,136 for actual damages resulting from its trademark

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infringement claim. The Court invited SPI to submit a fee petition to seek reasonable fees and

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costs incurred in enforcing its rights under the License Agreement.

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Plaintiff filed a Motion for Attorneys’ Fees and Costs on April 24, 2019 (Dkt. #50). On

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July 8, 2019 the Court issued an Order Regarding Motion for Attorney’s Fees and Costs (Dkt. #56).

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The Court granted in part Plaintiff’s Motion and awarded costs of $5,057. Defendants were

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instructed to pay costs of this amount within 20 days of the Order.
The Court’s July 8th Order also denied in part Plaintiff’s Motion for Attorney’s Fees and

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Costs, but provided SPI the opportunity to segregate its fees and submit a revised proposed fee

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award. Plaintiff’s Revised Attorney’s Fees Request and Request for Entry of Judgment was filed

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on July 18, 2019 (Dkt. #57).

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This rate assumes that judgment is entered during the week of November 18, 2019.

JUDGMENT IN A CIVIL ACTION
Civil Action No. 2:18-cv-00224-RSL

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SEED INTELLECTUAL PROPERTY LAW GROUP LLP
701 FIFTH AVENUE, SUITE 5400
SEATTLE, WASHINGTON 98104-7092
[phone]

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On November 12, 2019 the Court issued an Order Awarding Attorney’s Fees and Costs

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(Dkt. #59). The Court granted in part Plaintiff’s revised request awarding the amount of

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$64,615.50 for attorney’s fees and ordered that Plaintiff submit a proposed form of judgment.

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Based on the Court’s awards as outlined herein for damages, costs, attorneys’ fees, and

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prejudgment interest, the Principal Judgment Amount is $308,464.10 (plus $52.60 per day in

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prejudgment interest between November 18, 2019 and the date that the Court enters judgment)

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against Defendants S3 Holding LLC and Olivia Miller, Inc.

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Now, therefore, the Court, being otherwise fully advised herein,

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HEREBY ORDERS, ADJUDGES, AND DECREES that Plaintiff Seattle Pacific Industries,

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Inc. is awarded judgment against Defendants S3 Holding LLC and Olivia Miller, Inc. jointly and

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severally in the amount of $308,464.10 (plus $52.60 per day between November 18, 2019 and the

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date that the Court enters judgment). Post-judgment interest on the judgment sum shall accrue at

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the rate of 1.56% from the date of entry hereof.

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IT IS SO ORDERED.

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DATED this 19th day of November, 2019.

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A
Robert S. Lasnik

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United States District Judge

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Presented by:
SEED IP Law Group LLP
/s/Marc C. Levy
Marc C. Levy, WSBA No. 19203
Thomas A. Shewmake, WSBA No. 50765
701 Fifth Ave., Suite 5400
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

JUDGMENT IN A CIVIL ACTION
Civil Action No. 2:18-cv-00224-RSL

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SEED INTELLECTUAL PROPERTY LAW GROUP LLP
701 FIFTH AVENUE, SUITE 5400
SEATTLE, WASHINGTON 98104-7092
[phone]