FLIR Systems, Inc. v. Gambaro et al
Filing
241
Order. The Court approves the Default Judgment 239 , which the Court will sign and enter contemporaneously with this Order. The Court does not approve Flir's Alternative Proposed Form of Order 240 for Default Judgment and Injunctive Relief. The Court denies Flir's Motion 228 and Supplemental Motion 233 for Order Enjoining Defendant Gambaro from Contacting Persons Associated with Flir at this time. The Court does not approve Flir's Proposed Forms of Order 232 , 236 Enjoining Defendant Gambaro from Contacting Persons Associated with Flir. Signed on 12/20/2011 by Judge Anna J. Brown. See 6 page Order for full text. (bb)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
FLIR SYSTEMS/ INC./
3:10-CV-231-BR
Plaintiff/
ORDER
v.
MOTIONLESS KEYBOARD COMPANY/
an Oregon corporation/ and
THOMAS L. GAMBARO / an
individual/
Defendants.
FAROOQ A. TAYAB
MICHAEL J. COLLINS
WILLIAM A. BREWER/ III
Bickel and Brewer
4800 Comerica Bank Tower
1717 Main Street
Dallas/ TX 75201
(214) 653-4000
SUSAN D. MARMADUKE
SIVHWA GO
Harrang Long Gary Rudnick/ PC
1001 S.W. Fifth Avenue/ Suite 1650
Portland/ OR 97204-1116
(503) 242-0000
Attorneys for Plaintiff
1
ORDER
THOMAS L.
GAMBARO
P.O. Box 14741
Portland, OR 97293
(503) 544-0589
Defendant, Pro Se
BROWN, Judge.
The Court acknowledges receipt of Plaintiff Flir Systems,
Inc.'s Motion (#237)
for Entry of Default Judgment against
Defendant Thomas L. Gambaro and Defendant Motionless Keyboard,
Plaintiff Flir's Motion (#228) for Order Enjoining Defendant
Gambaro from Contacting Persons Associated with Flir, and Flir's
Supplemental Motion (#233) for Order Enjoining Defendant Gambaro
from Contacting Persons Associated with Flir.
In its Opinion and Order (#213) issued on November 17,
2011, the Court struck Gambaro's pleadings and entered an Order
of Default against him as a sanction for,
repeated violation of Court Orders.
inter alia, Gambaro's
For his continued violations
after the Court's Opinion and Order (#213), the Court issued an
Order (#224) on December 6, 2011, in which the Court directed the
Clerk of the Court to not accept any further pleadings or filings
from Gambaro in this matter until further order of this Court or
the Federal Circuit, to which Gambaro appeals.
Accordingly,
Gambaro has not filed any response to the Motions at issue
herein.
After reviewing Flir's Motions and accompanying filings,
Court orders as follows:
2
ORDER
the
1.
Flir's Motion (#237) for Entry of Default Judgment.
In its Order (#224) issued on December 6, 2011, the Court
noted its approval-in-principle of Flir's Proposed Default
Judgment (#220) and directed Flir to file a final form of
proposed default judgment for the Court's signature to include an
additional accused device omitted by Flir and to reflect Flir's
voluntary dismissal of claims not resolved by the
Judgment.
Defau~t
On December 16, 2011, Flir filed its Motion (#237) for
Entry of Default Judgment against Defendants and a final form of
Default Judgment (#239).
The Court is satisfied Flir's final
form of Default Judgment is in accordance with the Court's Order
(#224) and is justified under these circumstances.
Accordingly,
the Court hereby approves the Default Judgment (#239), which the
Court will sign and enter contemporaneously with this Order.
For
the reasons that follow, the Court does not approve Flir's
Alternative Proposed Form of Order (#240) for Default Judgment of
Non-Infringement and for Injunctive Relief Against Defendant
Thomas L. Gambaro and Defendant Motionless Keyboard Company.
2.
Flir's Motion (#228) and Supplemental Motion (#233) for
Order Enjoining Defendant Gambaro from Contacting Persons
Associated with Flir.
In their Motions, Flir seeks an order of the Court to enjoin
Gambaro from contacting non-attorneys associated with Flir
concerning subject matters related to this litigation and to
enjoin Gambaro from filing any additional lawsuits against Flir
3
ORDER
and related parties for claims arising out of this litigation.
On August 1, 2011, after Flir made the Court aware of Gambaro's
contact with non-attorneys associated with Flir regarding this
matter, the Court issued the following Order (#172):
In its Status Report (#169), Flir notes
Gambaro has made contact with persons
associated with Flir who are not attorneys.
Flir notes Gambaro has made repeated contact
with the billing personnel for both law firms
serving as Flir's counsel in an effort to
determine the billing rates for Flir's
attorneys.
Flir also states Gambaro has made
repeated contacts with Flir's Board Members
in attempts to urge the settlement of this
matter.
The Court instructs Gambaro that the
billing rates of Flir's counsel are not
discoverable at this stage of the proceedings
and Gambaro is not entitled to receive that
information.
In addition, the Court reminds
Gambaro that because Flir is a represented
party, he must direct any communications as
to any matter involving the subject of this
case with Flir or its officers, agents, and
employees to Flir's counsel of record herein.
In their Motions, Flir provides evidence of Gambaro's
continued efforts to secure a settlement of this matter by means
of direct communications (including threats of additional
litigation) with non-attorneys associated with this matter in
violation of this Court's Order (#172).
The Court reminds Gambaro he is still subject to the Orders
of this Court while this matter is pending--including while it is
on appeal--and the Court notes it has authority to enforce such
Orders by means that may include the imposition of monetary
4
ORDER
penalties or other sanctions for any finding of contempt.
With
the entry of this Order and the Court's simultaneous issuance of
the Default Judgment against Defendants, however, the Court
considers this matter to be concluded at the trial court level.
Thus, the Court finds the underlying justification for an
additional injunction concerning Gambaro's contacts with nonattorneys associated with Flir is substantially diminished at
this stage.
Although Gambaro's ongoing communications are
unprofessional and may, in fact, be harassing or even amount to
criminal conduct, Flir may pursue legal relief in a new action if
Gambaro's communications continue and cause some cognizable harm
to Flir.
In the exercise of its discretion, therefore, the Court
denies Flir's Motion (#228) and Supplemental Motion (#233) for
Order Enjoining Defendant Gambaro from Contacting Persons
Associated with Flir at this time.
Accordingly, the Court does
not approve Flir's Proposed Forms of Order (#232, #236) Enjoining
Defendant Thomas L. Gambaro from Contacting Persons Associated
With Flir.
Finally, because this matter is now concluded at the trial
court level with a final judgment, the Court does not anticipate
there is any reason for Gambaro to contact this judicial officer
directly or indirectly through messages sent to Courtroom Deputy
Bonnie Boyer.
The Court, therefore, directs Gambaro to cease
such communications and to file his legitimate appeal pleadings
5
ORDER
concerning this matter with the Court of Appeals for the Federal
Circuit.
IT IS SO 'ORDERED.
DATED this 20 th day of December, 2011.
ANN~
United States District Judge
6
ORDER
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