Opinion
5:22-cv-00219-GTS-ATB
07-20-2023
AKF, INC. D/B/A FUNDKITE, Plaintiff, v. TBO DISTRIBUTION, LLC, and JAMES CLIFTON THIEBAUD, Defendants.
TBO Distribution, LLC James Clifton Thiebaud Authorized Representative AKF, Inc. d/b/a FundKite Alex Shvarts Authorized Representative
TBO Distribution, LLC
James Clifton Thiebaud
Authorized Representative
AKF, Inc. d/b/a FundKite
Alex Shvarts
Authorized Representative
AMENDED FINAL JUDGMENT ON CONSENT
Glenn T. Suddaby, U.S. District Judge
WHEREAS, on March 7, 2022, Plaintiff AKF, Inc. d/b/a FundKite (“FundKite”) initiated the instant action (“Action”) against TBO Distribution, LLC and James Clifton Thiebaud for breach of a Revenue Purchase Agreement and Guaranty of Performance entered into by the parties hereto on February 9, 2022 (“Revenue Purchase Agreement”);
WHEREAS, on April 13, 2022, the Defendants filed an Answer with Counterclaims against Plaintiff;
WHEREAS, to avoid further expense and litigation, the Parties contemporaneously herewith entered into a settlement agreement, dated July 8, 2022 (“Confidential Settlement Agreement”), permitting the filing of this Consent Judgment under certain circumstances in the event of an uncured monetary default after notice and opportunity to cure;
WHEREAS, the Defendants knowingly, voluntarily, and intelligently: (i) waive any further right to contest the allegations in this Action, jurisdiction and venue; (ii) consent to the entry of this Judgment on Consent in the United States District Court for the Northern District of New Y ork provided it is pursuant to and in accordance with the terms of the Settlement Agreement; and (iii) understand, acknowledge and consent to the registration, domestication, and enforcement of the Consent Judgment in Texas and in any other state;
IT IS HEREBY ORDERED AND ADJUDGED as follows:
1. The Revenue Purchase Agreement is valid and enforceable.
2. The Defendants have breached the Revenue Purchase Agreement.
3. Consent judgment is hereby entered against the Defendants as follows:
a. Consent Judgment is hereby entered, jointly and severally, against TBO Distribution, LLC and James Clifton Thiebaud and in favor of FundKite in the amount of $126,293.60.
4. Defendants must disclose this Final Judgment on Consent to all their successors and assigns.
5. The Court shall maintain jurisdiction over the parties and subject matter of this civil action for the purpose of interpreting and enforcing this Final Judgment on Consent and the Confidential Settlement Agreement entered into separately by the parties.
The parties hereby consent to the entry of this Final Judgment on Consent.
IT IS SO STIPULATED AND CONSENTED.
IT IS SO ORDERED.