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Schultz v. Tech Start Consulting

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


May 14, 2009

DOUGLAS SCHULTZ, DON MACLEAN, GEORGE MANUELIAN, AND MATTHEW TEEPLE, PLAINTIFFS,
v.
TECH START CONSULTING (USA), INC., AVERY P. HONG, AND SURAJIET KHANNA, DEFENDANTS.

The opinion of the court was delivered by: Hon. James V. Selna

STIPULATED JUDGMENT ON THE MERITS AGAINST DEFENDANTS TECH-START CONSULTING (USA), INC., AVERY P. HONG, AND SURAJIET KHANNA, JOINTLY AND SEVERALLY

STIPULATED JUDGMENT ON THE MERITS

Plaintiffs, DOUGLAS SCHULTZ, DON MACLEAN, GEORGE MANUELIAN and MATTHEW TEEPLE, have commenced this action by filing their Complaint and First Amended Complaint herein, and Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG and SURAJIET KHANNA have been served with the Summons, Complaint and First Amended Complaint. Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA, represented by their attorney whose signature appears below, confess Judgment on the merits in this action without adjudication of any issue of fact or law by admitting liability herein.

THEREFORE, it is ORDERED, ADJUDGED AND DECREED as follows:

1. FINDINGS

1. This Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C. § 1332(a)(1).

2. Venue is proper in the Central District of California - Southern Division as to all parties pursuant to 28 U.S.C. § 1391(a)(2).

3. Plaintiffs have stated a claim on which relief may be granted pursuant to California Civil Code §§ 1572, 1573, 1709, 1710(3), 3300, and 3302.

4. Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA have entered into this Stipulated Judgment freely and without coercion after advice and counsel from their attorney. Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA further acknowledge that they have read the terms of this Stipulated Judgment and are prepared to abide by them.

5. Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA hereby waive all rights to appeal or otherwise challenge or contest the validity of this Stipulated Judgment.

6. The total amount of this Stipulated Judgment in favor of all Plaintiffs and against Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA, jointly and severally, is ONE MILLION FIVE HUNDRED THOUSAND and 00/100 DOLLARS ($1,500,000.00) with judicial interest thereon pursuant to 28 U.S.C. §1961 plus an additional amount of FIFTY SIX THOUSAND EIGHTY and 00/100 DOLLARS ($56,080.00) in Attorney's Fees and of NINE HUNDRED SEVENTY-ONE AND 51/100 DOLLARS ($971.51) in costs incurred by Plaintiffs, broken down as follows:

A. JOINT AND SEVERAL LIABILITY OF DEFENDANTS TECH START CONSULTING (USA), INC., AVERY P. HONG, AND SURAJIET KHANNA TO PLAINTIFF DOUGLAS SCHULTZ

The principal sum of FOUR HUNDRED TEN THOUSAND and 00/100 DOLLARS ($410,000.00) plus judicial interest thereon at the statutory rate pursuant to 28 U.S.C. §1961 from date of entry of this Stipulated Judgment until June 1, 2009.

B. JOINT AND SEVERAL LIABILITY OF DEFENDANTS TECH START CONSULTING (USA), INC., AVERY P. HONG, AND SURAJIET KHANNA TO PLAINTIFF DON MACLEAN

The principal sum of FOUR HUNDRED NINETY THOUSAND and 00/100 DOLLARS ($490,000.00) plus judicial interest thereon at the statutory rate pursuant to 28 U.S.C. §1961 from date of entry of this Stipulated Judgment until June 1, 2009.

C. JOINT AND SEVERAL LIABILITY OF DEFENDANTS TECH START CONSULTING (USA), INC., AVERY P. HONG, AND SURAJIET KHANNA TO PLAINTIFF GEORGE MANUELIAN

The principal sum of ONE HUNDRED EIGHTY FIVE THOUSAND and 00/100 DOLLARS ($185,000.00) plus judicial interest thereon at the statutory rate pursuant to 28 U.S.C. §1961 from date of entry of this Stipulated Judgment until June 1, 2009.

D. JOINT AND SEVERAL LIABILITY OF DEFENDANTS TECH START CONSULTING (USA), INC., AVERY P. HONG, AND SURAJIET KHANNA TO PLAINTIFF MATTHEW TEEPLE

The principal sum of FOUR HUNDRED FIFTEEN THOUSAND and 00/100 DOLLARS ($415,000.00) plus judicial interest thereon at the statutory rate pursuant to 28 U.S.C. §1961 from date of entry of this Stipulated Judgment until June 1, 2009.

2. ATTORNEY'S FEES AND COSTS

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA shall be jointly and severally liable unto Plaintiffs for Attorney's Fees in the amount of FIFTY SIX THOUSAND EIGHTY AND 00/100 DOLLARS ($56,080.00) and NINE HUNDRED SEVENTY-ONE AND 51/100 DOLLARS ($971.51) in costs, with said amounts to be divided equally among Plaintiffs.

3. PENALTY INTEREST

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to the agreement of Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA, any amounts referred to in Section 1 (6) herein that remain unpaid on June 1, 2009 shall accrue penalty interest at the rate of TWELVE PERCENT (12%) per annum, commencing June 1, 2009 until paid in full; said liability therefor to be joint and several by and between the said Defendants.

4. NON-DISCHARGEABILITY IN BANKRUPTCY

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the joint and several liability herein of Defendants AVERY P. HONG and SURAJIET KHANNA shall not be dischargeable in any bankruptcy proceeding as the said Defendants have acknowledged and agreed that the underlying nature of their indebtedness falls within the non-dischargeability provisions contained in 11 U.S.C. § 523(a)(2)(A).

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the joint and several liability herein of Defendant TECH START CONSULTING (USA), INC. shall not be dischargeable in any bankruptcy proceeding as the said Defendant has acknowledged and agreed that the underlying nature of its indebtedness falls within the non-dischargeability provisions contained in 11 U.S.C. § 523(a)(2)(B).

5. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for the purpose of enabling the parties to apply to the Court at any time for such further orders and directives as may be necessary or appropriate for the interpretation of the terms hereof or for the enforcement or compliance herewith.

6. EXECUTION ON STIPULATED JUDGMENT

IT IS FURTHER ORDERED that this Stipulated Judgment shall not become executory until June 1, 2009.

7. COMPLETE AGREEMENT

The parties, by their respective counsel, hereby consent to entry of the foregoing Stipulated Judgment which shall constitute a final judgment and order as to Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA. The parties further stipulate and agree that entry of the foregoing Stipulated Judgment shall constitute a full, complete and final resolution of this action against Defendants TECH START CONSULTING (USA), INC., AVERY P. HONG, and SURAJIET KHANNA.

SO ORDERED this 14th day of May, 2009.

Hon. James V. Selna U.S. District Judge

20090514

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