United States District Court, W.D. Washington, Seattle
SEATTLE PACIFIC INDUSTRIES, INC. Plaintiff,
S3 HOLDING LLC and OLIVIA MILLER, INC. Defendants.
JUDGMENT IN A CIVIL ACTION
S. LASNIK UNITED STATES DISTRICT JUDGE
Judgment Creditor: Seattle Pacific Industries, Inc.
Judgment Debtors: S3 Holding LLC and Olivia Miller, Inc.
Principal Judgment Amount:
Damages (Breach of Contract)
Damages (Trademark Infringement)
$ 31, 136.00
Costs $ 5, 057.00 Attorney
$ 64, 615.50
Prejudgment Interest (12% per annum)
$ 47, 655.60
Post-Judgment Interest Rate Pursuant to 28 U.S.C.
Attorneys for Judgment Creditor Seattle Pacific
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
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
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.
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).
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.
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.
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). ...