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AGIT GLOBAL, INC. v. WHAM-O, INC., CV09-8133 CAS (JCx). (2014)

Court: District Court, C.D. California Number: infdco20140521914 Visitors: 4
Filed: May 19, 2014
Latest Update: May 19, 2014
Summary: [PROPOSED] AMENDED JUDGMENT CHRISTINA A. SNYDER, District Judge. WHEREAS, the original parties to this action are Plaintiffs and Counter-Defendants AGIT GLOBAL, INC. and TZONG IN YEH (collectively "PLAINTIFFS") and Defendant and Counter-Claimant WHAM-O, INC., a Delaware corporation ("WHAM-O"); WHEREAS, on August 13, 2012, the original Judgment was entered by the Court in this Action (the "Original Judgment") in the amount of One Million Four Hundred Fifty Four Thousand Five Hundred and Twen
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[PROPOSED] AMENDED JUDGMENT

CHRISTINA A. SNYDER, District Judge.

WHEREAS, the original parties to this action are Plaintiffs and Counter-Defendants AGIT GLOBAL, INC. and TZONG IN YEH (collectively "PLAINTIFFS") and Defendant and Counter-Claimant WHAM-O, INC., a Delaware corporation ("WHAM-O");

WHEREAS, on August 13, 2012, the original Judgment was entered by the Court in this Action (the "Original Judgment") in the amount of One Million Four Hundred Fifty Four Thousand Five Hundred and Twenty Dollars ($1,454,520.00) in favor of PLAINTIFFS against WHAM-O;

WHEREAS, on February 11, 2014, PLAINTIFFS filed a Motion to Amend the Original Judgment to add WHAM-O MARKETING, INC., a Delaware corporation ("MARKETING"), and WHAM-O HOLDING LIMITED, a Hong Kong limited company ("HOLDING"), as additional judgment debtors to the Judgment and to add attorney's fees, costs and interest to the Original Judgment;

WHEREAS, on April 7, 2014, the Court granted PLAINTIFFS' Motion to Amend the Original Judgment as detailed in the Court's Minute Order of the same date granting PLAINTIFFS' Motion;

WHEREAS, PLAINTIFFS established in their Motion to Amend, and this Court found, that WHAM-O fraudulently transferred all of its assets to MARKETING and HOLDING;

WHEREAS, PLAINTIFFS established in their Motion to Amend, and this Court found, that it is proper to add MARKETING and HOLDING as additional judgment debtors to the Original Judgment pursuant to Federal Rule 69 and California Code of Civil Procedure section 187;

WHEREAS, PLAINTIFFS established in their Motion to Amend, and this Court found, that it is proper to add attorney's fees in the amount of One Hundred Three Thousand Seven Dollars and Twenty-Five Cents ($103,007.25), costs in the amount of Nine Thousand Four Hundred Ninety Seven Dollars and Zero Cents ($9,497.00), and interest in the amount of Two Hundred Seventeen Thousand Five Hundred Eighty Dollars and Twenty Five Cents ($217,580.25) to the Original Judgment; and

WHEREAS, as result of the attorney's fees, costs and interest added to the Original Judgment, the amount of this amended judgment against WHAM-O, MARKETING and HOLDING now will be One Million Seven Hundred Eighty Four Thousand Six Hundred and Five Dollars and Forty Cents ($1,784,605.40).

Therefore, the Court ORDERS that the Original Judgment entered in this action is hereby amended and an AMENDED JUDGMENT is hereby entered against WHAM-O, MARKETING and HOLDING as follows:

1. Judgment is hereby entered in favor of PLAINTIFFS against WHAM-O, INC., a Delaware corporation, WHAM-O MARKETING, INC., a Delaware corporation, and WHAM-O HOLDING LIMITED, a Hong Kong limited company, and each of them, jointly and severally, in the amount of One Million Seven Hundred Eighty Four Thousand Six Hundred and Five Dollars and Forty Cents ($1,784,605.40).

SO ORDERED

Source:  Leagle

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