United States of America v. Spectrum Brands, Inc.

Filing 249

Transmission of Notice of Appeal, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 247 Notice of Appeal, (Attachments: # 1 Order, # 2 Judgment, # 3 Docket Sheet) (lak)

IN T HE UNIT ED STATES DISTRICT COU RT
FOR THE W ESTERN DISTRICT OF WI SCONS IN
UNITED STATES OF AMERICA,
Plainti ff,

JUDGM ENT IN A C IVIL CASE

V.

15 -cv-3 7 1-wmc
SPECTRUM BRAND S,
Defendant.

Thi s action ca me for con sideratio n before the court with U. S. D ist rict Judge W illi am M .
Co nley presiding. T he issues have been co nsidered on summary judgment and a bench t rial
and a decision has been re ndered.

IT IS ORDERED AND ADJU D GED t hat fi nal judgment is entered in favor of pla in t iff
United States of America against defendan t Spect rum Brands. D efendant is d irected to pay
civil penalt ies to plain t iff, t he U nit ed States of America , in t he amoun t of $ 1,936,675.00 on
or before October 30 , 20 17. T his amoun t represents a civil penalty owed to t he Un ited States
pu rsuant to 15 U. S.C. § 2069 and is not compensat ion fo r actual pecu niary loss and , therefo re,
is not sub ject to d ischarge u nder the Bankruptcy Code pursuant to 11 U.S.C. § 5 23 (a)(7).
No interest shall accrue o n t he ordered pay ment if t imely made. In the event of any
defaul t in payment, the entire u npaid amount shall constitute a debt due and immed iately
owing to pla in tiff and post-judgment in terest shall be assessed from t he date of th is order un til
payment is made as set fo rt h in 28 U .S.C. § 196 1.
IT IS FURTH ER ORDERED AND ADJUDGED that a Perman ent Inj u nctio n pursuan t
to Fed eral Ru le of C ivil Procedu re 65 is ENTERED under t he fo llowing t erms and co nditions:
A.

D efendant shall main tain su ffi cient syst ems, program s, and in ternal contro ls to
ensu re compl iance with t he C PSA and the regu lations enfo rced by the CPSC
includi ng, w it hout limitat ion, t he section l 5 (b) reporting requirement u nder 15
U.S.C. §§ 20 64)b)(3 )-(4) and t he pro hibitio n of the sale of recalled products
under 15 U.S.C. § 2068 (a)(2 )(B) .

B.

Defendant shall, on or before October 13, 20 17, disseminate copies of both the

civil penalty and summary judgment opinions and orders (dkts. ## 196, 234) by personal
service or certified mail to each of its directors , officers, management-level employees, and inhouse attorneys involved in the sa le, offering for sale, manufacture, distribution in commerce,
or im portatio n into t he United States of "consumer products" as defined in the CPSA, 15
U.S.C. § 2052(a)(5) (co ll ectively, "Associated Perso ns") .
C.

Defendant must implement appropriate improvements to its compliance

programs as requ ired under this subsection A above within 6 months after the date of this
order. At that time, defendant shall file with this court a notice indicating that improvements
have been implemented to avo id a repetition of t he violation s discussed in this opinion and
order.
D.

This court w ill retain jurisdiction of this action for the purposes of construing,

enfo rcing, or modifying th is order and granting such additional reli ef as may be necessary or
appropriate.
E.

The United States may seek reasonable costs a nd attorney's fees upon

succeeding in a suit to enforce th is order.
Approved as to form t his 2nd day of October, 20 17.