United States District Court, C.D. California
ORDER RE: PLAINTIFF'S MOTION FOR FURTHER CIVIL
HONORABLE RONALD S.W. LEW SENIOR U.S. DISTRICT JUDGE
before the Court is Plaintiff AECOM Energy and Construction,
Inc.'s (“Plaintiff”) Motion for Further Civil
Contempt (“Motion”) . Having reviewed all
papers submitted pertaining to this Motion, the Court
NOW FINDS AND RULES AS FOLLOWS: the Court
GRANTS in part and DENIES in
part Plaintiff's Motion.
21, 2017, Plaintiff filed its Complaint . Plaintiff then
filed a Motion for Preliminary Injunction on August 1, 2017
. The Court granted Plaintiff's Motion for
Preliminary Injunction on September 28, 2017 .
November 9, 2017, Defendants Morrison Knudsen Corporation,
Morrison Knudsen Company, Inc., Morrison Knudsen Services,
Inc., and Morrison Knudsen International Inc. (collectively,
“Defendants”) filed the Declaration of Mike
Johnson , outlining their compliance with the Court's
Preliminary Injunction Order. According to Mr. Johnson's
Declaration, he directed his staff to change the name of each
corporate defendant to MK instead of Morrison Knudsen. Decl.
of Mike Johnson re Compliance ¶¶ 4-5, ECF No. 62.
November 28, 2017, Plaintiff filed its first Motion for Civil
Contempt . The Court granted Plaintiff's first Motion
for Civil Contempt on January 11, 2018 and ordered Defendants
to change the names of their corporate entities to comply
with the Court's Preliminary Injunction Order. Order re
Pl.'s Mot. for Civil Contempt 13:7-10, ECF No. 86. The
Contempt Order also ordered Defendants to pay a daily fine of
$500 until Defendants filed an affidavit outlining their
compliance with the Court's Contempt Order. Id.
January 12, 2018, Defendants filed an affidavit informing the
Court that they had filed certificates of amendment changing
their corporate names to Majestic Corporation, Majestic
Company Inc., Majestic Services Inc., and Majestic
International Inc. Decl. of Mike Johnson in Supp. of
Defs.' Opp'n to Pl.'s Mot. for Contempt
(“Johnson Decl.”) ¶ 5, ECF No. 107-1. While
the Nevada Secretary of State approved Majestic Services
Inc., on February 1, 2018, Defendants received rejections
from the Nevada Secretary of State for the other three names
due to unavailability. Id. ¶ 6.
Plaintiff filed supplemental briefing regarding its
attorneys' fees incurred in connection with
Plaintiff's first Motion for Civil Contempt, the Court
granted Plaintiff's request for attorneys' fees on
February 16, 2018 and ordered Defendants to pay Plaintiff
$21, 815.80 within twenty-one days. Order re Pl.'s Req. for
Att'ys' Fees 4:28-5:5, ECF No. 97.
February 23, 2018, Defendants faxed certificates of amendment
to the Nevada Secretary of State changing Morrison Knudsen
Corporation to International Majestic Corporation, Morrison
Knudsen Company, Inc. to International Majestic Company Inc.,
and Morrison Knudsen International Inc. to International
Majestic Inc. Johnson Decl. ¶ 7, Ex. C. After not
receiving any word from the Nevada Secretary of State, on
March 8, 2018, Mr. Johnson contacted the Secretary of State,
which informed Mr. Johnson that it had not received the name
change requests. Id. ¶ 8. Defendants then
resent the certificates of amendment to the Nevada Secretary
of State on March 12, 2018. Id. ¶ 9. On March
22, 2018, Defendants received the Nevada Secretary of
State's denial of these name changes due to
unavailability. Id. ¶ 10.
March 26, 2018, Defendants submitted certificates of
amendment changing Morrison Knudsen Corporation to Northern
Majestic Corporation, Morrison Knudsen Company, Inc. to
Northern Majestic Company Inc., and Morrison Knudsen
International Inc. to Northern Majestic International Inc.
Id. ¶ 11, Ex. F. The Nevada Secretary of State
accepted the name change of Morrison Knudsen International
Inc. to Northern Majestic International Inc. on March 29,
2018, but rejected the other two name changes. Pl.'s
Reply in Supp. of Mot. for Contempt (“Reply”)
4:12-14, ECF No. 108.
March 27, 2018, Plaintiff filed the instant Motion . On
April 4, 2018, the day after Defendants filed their
Opposition  to Plaintiff's Motion, Defendants filed
certificates of amendment for the remaining two corporate
Defendants. Second Decl. of Mike Johnson in Supp. of
Defs.' Opp'n (“Second Johnson Decl.”)
¶ 4, ECF No. 115. On April 10, 2018, Defendants received
confirmation that Morrison Knudsen Corporation was changed to
Goodbrand Corporation and Morrison Knudsen Company, Inc. was
changed to Goodbrand Company Inc. Id. ¶ 5, Ex.
April 17, 2018, one week after filing its Reply  in
support of its Motion, Plaintiff filed the Supplemental
Declaration of Yungmoon Chang  providing new evidence to
the Court in support of Plaintiff's Motion. This new
evidence included a website allegedly created by Defendants,
which mirrored the website the Court previously ordered
Defendants to take down. Chang Suppl. Decl. ¶ 10.
Defendants then responded on April 20, 2018 with the Second
Declaration of Mike Johnson  in support of
Defendants' Opposition to Plaintiff's Motion. Mr.
Johnson declared that he was not aware of the
morrison-knudsen.net website but that he had Defendants'
IT department take the website down on April 17, 2018. Second
Johnson Decl. ¶ 6.