First Choice Laboratory v. Navegar Network Alliance, LLC, No. 2:2019cv04658 - Document 14 (C.D. Cal. 2019)

Court Description: FINAL JUDGMENT by Judge Percy Anderson, Related to: Order, 13 . IT IS HEREBY ORDERED, ADJUDICATED, AND DECREED that judgment is entered as follows: 1. The Findings of Fact, Conclusions of Law, and Final Award (the "Final Award") issued in Los Angeles, California on May 23, 2019, by Arbitrator Hon. Burton S. Katz of the American Arbitration Association, against Respondent Navegar Network Alliance, LLC f/k/a Navigant Network Alliance, LLC ("Navegar") and in favor of Petitioner First Choice is confirmed in all respects; 2. Against Navegar and in favor of First Choice for breach of contract, in the amount of $18,000,000; (see document for additional sums). (MD JS-6, Case Terminated). (mrgo)

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First Choice Laboratory v. Navegar Network Alliance, LLC Doc. 14 JS-6 1 2 3 4 5 6 7 AARON M. MAY (SBN 207751) Aaron.May@hygmlaw.com S. ALBERT WANG (SBN 250163) S.Albert.Wang@hygmlaw.com HUANG YBARRA GELBERG & MAY LLP 550 South Hope Street, Suite 1850 Los Angeles, CA 90071 Telephone: (213) 884-4900 Facsimile: (213) 884-4910 Attorneys for Petitioner FIRST CHOICE LABORATORY 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 12 FIRST CHOICE LABORATORY, 13 14 15 16 17 18 Petitioner, v. NAVEGAR NETWORK ALLIANCE, LLC F/K/A NAVIGANT NETWORK ALLIANCE, LLC, CASE NO. 2:19-cv-4658 FINAL JUDGMENT Judge: Dept: Hearing Date: Hearing Time: Respondent. 19 20 21 22 23 24 25 26 27 28 [PROPOSED] FINAL JUDGMENT Dockets.Justia.com 7 1 Upon the Court’s consideration of Petitioner First Choice Laboratory’s 2 (“First Choice”) Petition to Confirm Arbitration Award and all accompanying 3 documents, 4 5 6 IT IS HEREBY ORDERED, ADJUDICATED, AND DECREED that judgment is entered as follows: 1. The Findings of Fact, Conclusions of Law, and Final Award (the 7 “Final Award”) issued in Los Angeles, California on May 23, 2019, by 8 Arbitrator Hon. Burton S. Katz of the American Arbitration 9 Association, against Respondent Navegar Network Alliance, LLC f/k/a 10 Navigant Network Alliance, LLC (“Navegar”) and in favor of 11 Petitioner First Choice is confirmed in all respects; 12 2. 13 14 the amount of $18,000,000; 3. 15 16 Against Navegar and in favor of First Choice for breach of contract, in Against Navegar and in favor of First Choice for willful and malicious conversion, in the amount of $18,000,000 in compensatory damages; 4. Against Navegar and in favor of First Choice for willful and malicious 17 breach of fiduciary duty, in the amount of $18,000,000 in 18 compensatory damages. 19 5. The damages amounts in paragraphs 2 through 4 are overlapping. 20 Thus, the total judgment for compensatory damages against Navegar 21 and in favor of First Choice is $18,000,000. 22 6. 23 Section V.G of the Laboratory Services Agreement dated August 15, 2016 (“Non-Circumvention”) is hereby declared unenforceable. 24 7. Against Navegar’s counterclaims, which are dismissed with prejudice. 25 8. Against Navegar and in favor of First Choice for attorneys’ fees in the 26 27 28 amount of $450,000. 9. Against Navegar and in favor of First Choice for costs in the amount of $150,000. -2[PROPOSED] FINAL JUDGMENT 1 10. Post-judgment interest shall accrue against Navegar and in favor of 2 First Choice, from the date of the Arbitrator’s Final Award forward, on 3 the total unpaid amounts owed to First Choice at the rate of 10 percent 4 per annum, as per Cal. Civ. Proc. Code § 685.010. 5 6 7 8 9 July 25, 2019 DATED: _____________ By: UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3[PROPOSED] FINAL JUDGMENT

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