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Cobra Systems, Inc. v. Unger

United States District Court, C.D. California

May 11, 2017

COBRA SYSTEMS, INC., a California corporation, Plaintiff,
v.
GEORGE FRANCIS UNGER IV, PHUONG PHAM (aka DARREN PHAM), CAMERON BROWN, WILLIAM MICHAEL “COREY” GIBSON, THERMAL ID TECH and DOES 1-10, inclusive, Defendant

          CONSENT DECREE AND [PROPOSED] ORDER

          Honorable Otis D. Wright Judge

         CONSENT DECREE AND ORDER

         1. Plaintiff Cobra Systems, Inc. ("Plaintiff) filed a Complaint to this action on March 28, 2016 ("Complaint") against Defendants George France Unger IV ("Unger"), Phuong Pham ("Pham"), Cameron Brown ("Brown"), and Thermal ID Tech ("Thermal") for breach of contract, copyright infringement, removal and/or alteration of copyright management information, trade secret misappropriation, and unfair competition under Cal. Bus. & Prof. §§ 17200 and 17500. Plaintiff and Defendants now seek to settle Plaintiffs claims in accordance with the terms and conditions expressly stated in this Consent Decree.

         2. Defendants deny the allegations in the Complaint filed by Plaintiff, and by entering into this Consent Decree and [Proposed] Order, do not admit liability to any of the allegations in Plaintiffs Complaint filed in this action. The Parties hereby enter into this Consent Decree and [Proposed] Order for the purpose of entering into an early settlement of all of Plaintiffs claims as set forth in the Complaint without the need for protracted litigation, and without the admission of any liability for any allegations in Plaintiffs Complaint. The Parties agree to the entry of this Order without trial or further adjudication of any issues of fact or law concerning Plaintiffs claims.

         JURISDICTION

         3. The Court has jurisdiction over the parties and the subject matter of this lawsuit. This Decree conforms with the Federal Rules of Civil Procedure and is not in derogation of the rights or privileges of any person.

         4. The Court shall retain jurisdiction of this action during the duration of the Decree for the purposes of entering all orders, judgments and decrees that may be necessary to implement the relief provided herein.

         WHEREFORE, the Parties to this Agreement hereby agree and stipulate to the Court's entry of this Consent Decree and [Proposed] Order, which provides as follows:

         SETTLEMENT PAYMENT

         5. The Defendants, jointly and severally, will pay to Plaintiff a confidential settlement payment. The Defendants will make a first installment payment of a confidential amount within five (5) days after the effective Settlement Agreement entered by the Parties, and a monthly installment on the first day of each month beginning May 1, 2017 and ending April 1, 2020. Any late payment will be considered a material breach of the Consent Decree. Any payment made more than five (5) days after the day upon which it was due will be considered a late payment. For any late payment, interest shall accrue from the date the payment was due at the rate set forth in California Code of Civil Procedure Section 685.010.

         VOLUNTARY CESSATION

         6. Defendants will immediately cease from using or selling any standalone label printers that incorporate a TSC KU008 keyboard or equivalent preprogrammed keyboard (collectively, a "Pre-Programmed Keyboard"). An equivalent pre-programmed keyboard shall mean any keyboard capable of running the same software code as a TSC KU008 keyboard. The Defendants will immediately destroy and all versions and copies of software coded for such Preprogrammed Keyboards (as defined above) and in the Defendants' possession, and provide a written certification to Plaintiff of such destruction. Defendants are not otherwise restricted from using TSC TSPL programming language for programming.

         MUTUAL RELEASE.

         7. Cobra, on behalf of itself and its respective current and former agents, officers, directors, employees, administrators, representatives, successors, and assigns, hereby releases Thermal ID Tech, George Francis Unger IV, Phuong "Darren" Phant, and Cameron Brown, each of their current and fomter agents, representatives, successors and assigns ("Thermal Releasees"), of and from any and all manner of obligation, debt, liability, tort, covenant, contract, agreement, undertaking, and account, whether known or unknown, arising out of ...


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