United States District Court, C.D. California
TECHMARK SOFTWARE PTY LTD T/A WOOLICH RACING, an Australian company, Plaintiff,
FT ECU, INC., a California corporation, and DOES 1 through 10, inclusive, Defendants.
PEABODY LLP Shawn G. Hansen (Cal Bar No. 197033), KIRTON
McCONKIE Christopher S. Hill (Cal Bar No. 205738), Shawn T.
Richards (Admitted Pro Hac Vice) Attorneys for Plaintiff
Techmark Software Pty Ltd
HONORABLE JAMES V. SELNA, UNITED STATES DISTRICT JUDGE
Court entered an Order on or about March 20, 2017 (the
“Order”) denying defendant FT ECU, Inc.'s
(“FTECU”) Motion to Reopen (the “Motion to
Reopen”) and its two motions to strike (Dkt # 68-1). In
the Order, the Court denied the Motion to Reopen on the
grounds that, among other things, the parties November 3,
2016 Term Sheet agreement (the “Term Sheet”) is a
binding and enforceable settlement agreement between the
parties. The Court hereby clarifies its intentions consistent
with its rulings on the record at the hearing on the Motion
to Reopen with respect to the denial of the Motion to Reopen.
Namely, the Motion to Reopen is denied with respect to
FTECU's request to reopen the case for purposes of
litigating the parties' underlying claims. However,
pursuant to its inherent authority, the Local Rules and/or
the Federal Rules of Civil Procedure (including but not
limited to Rule 60(a)), and for the reasons more fully set
forth on the record by the parties' counsel and the Court
at the March 20, 2017 hearing on this matter, the Court does
hereby (i) clarify the November 18, 2016 Order of Dismissal
Upon Settlement of Case (“Dismissal Order”)
(Docket # 54) to authorize the reopening of this case for the
purpose of entering judgment upon settlement, and (ii) grant
the Motion to Reopen in part, but only for the sole and
limited purpose of reopening the case to enter a final
judgment and dispose of the parties' claims with
prejudice, consistent with the Term Sheet.
for the reasons articulated by the Court in the Order and by
the Court and by counsel for plaintiff Techmark Software Pty
Ltd. T/A Woolich Racing (“Woolich”) on the record
at the March 20, 2017 hearing, all of which is incorporated
herein by reference, and for good cause showing, the Court
HEREBY ENTERS FINAL JUDGMENT as follows:
This Court has jurisdiction over the parties to this action
and over the subject matter hereof pursuant to 28 U.S.C.
§§ 1332, 1338, and 1367.
Service of process was properly made on the parties.
Term Sheet, executed by Woolich and FTECU on November 3,
2016, is a binding and fully enforceable settlement agreement
between the parties.
Pursuant to the Term Sheet as stipulated and agreed between
the parties and this Final Judgment, each of FTECU and
Woolich, including all of their parents, subsidiaries,
affiliates, officers, directors, stockholders, employees,
agents, representatives, successors, assigns and attorneys,
and those persons in active concert or participation with any
of them, is permanently enjoined from engaging in any of the
following activities either directly or indirectly through a
i. Copying, reverse engineering, duplicating, reproducing,
misappropriating, infringing upon, and/or redistributing the
software, source code, process, design and/or products
belonging to and/or offered by the other party;
ii. Except as may be authorized by the parties' Term
Sheet, accessing, and/or attempting to access, the other
party's software, directly and/or indirectly through a
third party; and
iii. Writing any code for the specific purpose of decrypting
and/or accessing and/or allowing a third-party to decrypt
and/or access the other party's software and/or source
This Final Judgment shall be deemed to have been served upon
the parties at the time of its execution by the Court.
Court shall retain jurisdiction of this action to entertain
such further proceedings and to enter such further orders as
may be necessary or appropriate to implement and enforce the
provisions of this Final Judgment and/or the parties'
This Court shall retain jurisdiction over the parties for the
purpose of making further orders necessary or proper for the
construction or modification of this Final Judgment and/or
the parties' Term Sheet; the enforcement of either of the
foregoing; the punishment of ...