Filed: Feb. 22, 2018
Latest Update: Feb. 22, 2018
Summary: [ PROPOSED ] JUDGMENT YVONNE GONZALEZ ROGERS , District Judge . This matter comes to the Court on Defendant/Counterclaim Plaintiff BP West Coast Products LLC ("BPWCP")'s Motion for Summary Judgment. (Dkt. No. 54.) The Court has entered summary judgment in BPWCP's favor on all of Plaintiffs/Counterclaim Defendants' Power Quality and Electrical Systems, Inc.'s ("PQES"), Tejindar Singh's, and Rajinder Singh's (collectively "Plaintiffs/Counterclaim Defendants") remaining claims, and dismiss
Summary: [ PROPOSED ] JUDGMENT YVONNE GONZALEZ ROGERS , District Judge . This matter comes to the Court on Defendant/Counterclaim Plaintiff BP West Coast Products LLC ("BPWCP")'s Motion for Summary Judgment. (Dkt. No. 54.) The Court has entered summary judgment in BPWCP's favor on all of Plaintiffs/Counterclaim Defendants' Power Quality and Electrical Systems, Inc.'s ("PQES"), Tejindar Singh's, and Rajinder Singh's (collectively "Plaintiffs/Counterclaim Defendants") remaining claims, and dismisse..
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[PROPOSED] JUDGMENT
YVONNE GONZALEZ ROGERS, District Judge.
This matter comes to the Court on Defendant/Counterclaim Plaintiff BP West Coast Products LLC ("BPWCP")'s Motion for Summary Judgment. (Dkt. No. 54.) The Court has entered summary judgment in BPWCP's favor on all of Plaintiffs/Counterclaim Defendants' Power Quality and Electrical Systems, Inc.'s ("PQES"), Tejindar Singh's, and Rajinder Singh's (collectively "Plaintiffs/Counterclaim Defendants") remaining claims, and dismissed Counts I, II, IV, VI, VII, and X of BPWCP's Counterclaims (all brought in the alternative only) as untimely pursuant to the statute of limitations. (Dkt. No. 71.) The Court has also entered summary judgment in BPWCP's favor as to liability on Counts III, V, VII, and IX of its Counterclaims. (Dkt. No. 81.)
In response to the Court's order (Dkt. No. 83), BPWCP filed a submission seeking to establish the admissibility of its evidence in support of its claimed damages on Counts III, V, VII, and IX of its Counterclaims. (Dkt. No. 84.) Plaintiffs/Counterclaim Defendants filed a response that disputed the underlying ruling on the motion for summary judgment but acknowledged that BPWCP's evidence of its damages on Counts III, V, VII, and IX of its Counterclaims is admissible for the purpose of assessing the amount of damages to be included in a final judgment. (Dkt. No. 85).
In response, the Court entered an order directing BPWCP to file a form of judgment whereby the Court may enter its final judgment in the case. (Dkt. No. 86.) Having been so advised and having reviewed the record including evidence of damages, the Court hereby enters final judgment in the case as follows:
1. The Court dismisses all claims in Plaintiffs/Counterclaim Defendants' Second Amended Complaint with prejudice for the reasons described in the Court's previous orders (Dkt. Nos. 36, 71.);
2. The Court dismisses Counts I, II, IV, VI, VII, and X of BPWCP's Counterclaims with prejudice for the reasons described in the Court's previous order (Dkt. No. 71.);
3. The Court grants final judgment in BPWCP's favor and against Plaintiffs/Counterclaim Defendants Rajinder K. Singh and Tejindar P. Singh as to liability on Counts III, V, VII, and IX of its Counterclaims for the reasons described in its previous order (Dkt. No. 81.);
4. The Court grants final judgment in BPWCP's favor and against Plaintiffs/Counterclaim Defendants Rajinder K. Singh and Tejindar P. Singh as to damages on Counts III, V, VII, and IX of its Counterclaims in the amount of $1,982,774, exclusive of BPWCP's attorneys' fees and costs;
5. Having been advised that the parties have met and conferred regarding an award of attorneys' fees and costs to BPWCP and that they believe they need additional time to reach an agreement regarding any award of attorneys' fees and costs, the Court orders the Parties to continue their ongoing meet and confer regarding attorneys' fees and costs. The parties shall jointly file a notice with the Court on or before March 9, 2018 identifying whether they have reached such a stipulation. If the parties have reached a stipulation, they will prepare for the Court an amended final judgment, which will include the attorney's fees and costs for the Court to sign. If the parties have not reached a stipulation as to the amount of attorneys' fees by March 9, 2018, then the Court orders the following:
a. The parties shall comply with Local Rule 54-1-54-4 with respect to any Bill of Costs BPWCP may file;
b. BPWCP shall file a motion for attorneys' fees and costs by April 9, 2018;
c. Plaintiffs/Counterclaim Defendants shall file any opposition to BPWCP's Motion within 14 days after the filing of BPWCP's Motion;
d. BPWCP shall file any reply within 7 days of Plaintiffs/Counterclaim Defendants' Opposition; and
e. The Court shall thereafter enter an order addressing BPWCP's Motion.
IT IS SO ORDERED.
