Opinion
5:23-cv-6400-BLF
03-27-2024
MICROCHIP TECHNOLOGY INC. and MICROSEMI CORP., Plaintiffs, v. GTMI, INC., CANG NGUYEN, and JERRY CHANG, Defendants.
[PROPOSED] ORDER RE
SETTLEMENT AND DISMISSAL OF CASE WITH PREJUDICE
BETH L FREEMAN, UNITED STATES DISTRICT JUDGE
WHEREAS Plaintiffs Microchip Technology Inc. and Microsemi Corporation (“Plaintiffs”) and Defendants GTMi, Cang Nguyen and Jerry Chang (“Defendants”) are parties to a civil action entitled Microchip Technology Inc. and Microsemi Corporation v. GTMi, Cang Nguyen and Jerry Chang, in the United States District Court for the Northern District of California, Case No. 5:23-cv-6400-BLF (the “Litigation”);
WHEREAS Plaintiffs have filed a complaint against Defendants alleging conversion, breach of contract, and unfair competition concerning various physical and intellectual proprietary property owned by Plaintiffs including but not limited to custom capacitors and data sheets. Defendants have not yet responded to these allegations; and
NOW THEREFORE, in consideration of the foregoing and in consideration of the payments, promises, and mutual undertakings set forth herein and in the Parties' Confidential Settlement Agreement (“Agreement”) executed by Plaintiffs and Defendants and incorporated herein by reference, the sufficiency of which is hereby acknowledged, the Court orders as follows.
1. Defendants, their officers, agents, servants, employees, attorneys, affiliated companies, assigns and successors in interest, and those persons in active concert or participation with them are permanently enjoined from using or otherwise accessing Plaintiffs' proprietary or confidential information, intellectual property, or physical property, including but not limited to: product designs, layouts, datasheets, test procedures, or proprietary equipment or components including, but not limited to, Plaintiffs' custom capacitors.
2. This Court shall retain jurisdiction of this matter to enforce the terms of the Agreement without the necessity of any party's filing a separate lawsuit to do so. In any contest over an alleged violation of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs.
3. All claims filed herein are hereby dismissed with prejudice. Each party shall bear its own fees and costs.
IT IS SO ORDERED.