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Seattle Pacific Industries, Inc. v. S3 Holding LLC

United States District Court, W.D. Washington, Seattle

November 19, 2019

SEATTLE PACIFIC INDUSTRIES, INC. Plaintiff,
v.
S3 HOLDING LLC and OLIVIA MILLER, INC. Defendants.

          JUDGMENT IN A CIVIL ACTION

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         JUDGMENT SUMMARY

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]

$160, 000.00

Damages (Trademark Infringement)[2]

$ 31, 136.00

Costs[3] $ 5, 057.00 Attorney Fees[4]

$ 64, 615.50

Prejudgment Interest (12% per annum)[5]

$ 47, 655.60

Post-Judgment Interest Rate Pursuant to 28 U.S.C. § 1961[6]:

1.56%

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

         ORDER

         On April 10, 2019 The Court issued an Order (Dkt. #49) granting in part Seattle Pacific Industries, Inc.'s (“SPI”) Motion for Summary Judgment. The Court awarded SPI damages for its breach of contract claim in the amount of $160, 000 plus pre-judgment interest at the rate of 12% per annum. SPI was also awarded $31, 136 for actual damages resulting from its trademark infringement claim. The Court invited SPI to submit a fee petition to seek reasonable fees and costs incurred in enforcing its rights under the License Agreement.

         Plaintiff filed a Motion for Attorneys' Fees and Costs on April 24, 2019 (Dkt. #50). On July 8, 2019 the Court issued an Order Regarding Motion for Attorney's Fees and Costs (Dkt. #56). The Court granted in part Plaintiff's Motion and awarded costs of $5, 057. Defendants were 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 Costs, but provided SPI the opportunity to segregate its fees and submit a revised proposed fee award. Plaintiff's Revised Attorney's Fees Request and Request for Entry of Judgment was filed on July 18, 2019 (Dkt. #57).

         On November 12, 2019 the Court issued an Order Awarding Attorney's Fees and Costs (Dkt. #59). The Court granted in part Plaintiff's revised request awarding the amount of $64, 615.50 for attorney's fees and ordered that Plaintiff submit a proposed form of judgment.

         Based on the Court's awards as outlined herein for damages, costs, attorneys' fees, and prejudgment interest, the Principal Judgment Amount is $308, 464.10 (plus $52.60 per day in prejudgment interest between November 18, 2019 and the date that the Court enters judgment) against Defendants S3 Holding LLC and Olivia Miller, Inc.

         Now, therefore, the Court, being otherwise fully advised herein, HEREBY ORDERS, ADJUDGES, AND DECREES that 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). ...


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