Opinion
Case No. SACV15-01061 DOC (JCGx)
03-30-2016
APPLIED MEDICAL RESOURCES CORPORATION, a California corporation, Plaintiff, v. R. JOHN WAGSTAFF III, an individual, Defendant.
Joseph R. Re (Bar No. 134479) joe.re@knobbe.com John W. Holcomb (Bar No. 172121) john.holcomb@knobbe.com Alan G. Laquer (Bar No. 259257) alan.laquer@knobbe.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Telephone: 949-760-0404 Facsimile: 949-760-9502 Attorneys for Plaintiff APPLIED MEDICAL RESOURCES CORPORATION
Joseph R. Re (Bar No. 134479)
joe.re@knobbe.com
John W. Holcomb (Bar No. 172121)
john.holcomb@knobbe.com
Alan G. Laquer (Bar No. 259257)
alan.laquer@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Telephone: 949-760-0404
Facsimile: 949-760-9502 Attorneys for Plaintiff APPLIED MEDICAL
RESOURCES CORPORATION
FINAL JUDGMENT
Hon. David O. Carter
Upon review of the court files, the Report of Plaintiff Applied Medical Resources Corporation ("Applied Medical") on Termination of Bankruptcy Case of Defendant R. John Wagstaff, III ("Mr. Wagstaff"), and the Motion of Applied Medical for Dismissal With Prejudice and Entry of Final Judgment, the Court HEREBY ORDERS as follows:
This is an action filed by Applied Medical against Mr. Wagstaff on July 2, 2015, for copyright infringement, trade secret misappropriation, and breach of contract. Mr. Wagstaff answered Applied Medical's Complaint, and he has not asserted any counterclaim against Applied Medical.
On September 1, 2015, Mr. Wagstaff filed a voluntary Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Central District of California, Case No. 8:15-bk-14317-SC (the "Wagstaff Bankruptcy Case"). On January 28, 2016, the Wagstaff Bankruptcy Case terminated, and Mr. Wagstaff received a discharge under 11 U.S.C. § 727.
In view of Mr. Wagstaff's discharge in bankruptcy and of discovery obtained by Applied Medical in the Wagstaff Bankruptcy Case, Applied Medical requested, and the Court Ordered, that all of Applied Medical's claims against Mr. Wagstaff in this action shall be dismissed with prejudice.
This is a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Each party shall bear its or his own costs and attorneys' fees.
IT IS SO ORDERED. Dated: March 30, 2016
/s/_________
UNITED STATES DISTRICT JUDGE