Xerox Corporation v. Type Etc. Inc. et al
Filing
37
JUDGMENT by Clerk in favor of Xerox Corporation against Type Etc. Inc., Michael A Cross. By Clerk on 3/19/2013. (cmacd)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00657-CMA-BNB
XEROX CORPORATION,
Plaintiff,
v.
TYPE ETC. INC.,
MICHAEL A. CROSS,
Defendants.
JUDGMENT
In accordance with the orders filed during the pendency of this case, and
pursuant to Fed. R. Civ. P. 58(a), the following Judgment is hereby entered.
Pursuant to 1) the Confession of Judgment [docket number 33] filed on February
20, 2013, and 2) the document styled on the court’s docket as “Stipulation - Consent
Decree” [docket number 36], Judgment is entered pursuant to the terms set forth and
agreed to by the parties:
1. On or about December 30, 2009, Xerox Corporation (“Xerox”) and Type Etc.,
Inc.( “TEI”) entered into a Lease Agreement (“Lease No. 1”), whereby TEI agreed
to lease from Xerox a DocuColor 5000APC and CXP50 (Creo DFE), in
accordance with the terms and conditions set forth in Lease No. 1.
2. On or about January 31, 2011, Xerox and TEI entered into a modification
Lease Agreement (the “Modification”) that modified Lease No. 1 by extending the
lease term and modifying the minimum payments of Lease No. 1.
3. On or about January 31, 2011, Xerox and TEI entered into a Lease Agreement
(“Lease No. 2”), whereby TEI agreed to lease from Xerox a 120DPSC (Nuvera
120 EA System), in accordance with the terms and conditions set forth in Lease
No. 2. (Lease No. 1 together with the Modification and Lease No. 2 are
collectively referred to herein as the “Agreements”).
4. Pursuant to the Agreements, TEI has agreed to the United States District
Court for the District of Colorado entering Judgment against it, and in favor of
Xerox, in the sum of $211,542.54 plus post-judgment interest at the statutory rate.
5. TEI has stated that it executed the “Confession of Judgment” and “Stipulation –
Consent Decree” with full knowledge of its contents and with full knowledge that it
has waived any and all rights to dispute the Entry of Judgment against it.
6. TEI has further stated that it has had the opportunity to consult with an
attorney regarding the execution of the “Confession of Judgment” and “Stipulation
– Consent Decree,” and that it has determined that the execution of the
“Confession of Judgment” and “Stipulation – Consent Decree” are in its best
interests.
7. TEI has waived all defenses it may have to the “Confession of Judgment” and
“Stipulation – Consent Decree” and the Entry of Judgment against it pursuant to
Fed. R. Civ. P. 54 and all rights it may have to appeal or otherwise challenge the
“Confession of Judgment” and “Stipulation – Consent Decree” and the Entry of
Judgment.
8. TEI has consented and agreed that the “Confession of Judgment” and
“Stipulation – Consent Decree” shall be construed as a final judgment to be
enforced in accordance with the laws of the State of Colorado and consents to the
Entry of Judgment against it and in favor of Xerox.
9. Post-judgment interest, as set pursuant to 28 U.S.C. § 1961, shall accrue at
the rate of 0.15% from the date of entry of judgment.
Dated at Denver, Colorado this 19th day of March, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk
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