Zest Anchors, LLC v. Geryon Ventures, LLC

• Court: District Court, S.D. California
• Decided: February 21, 2023
• Docket: 3:22-cv-00230
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ZEST ANCHORS, LLC d/b/a Zest Case No.: 22-CV-230 TWR (NLS) DentalSolutions and ZEST IP 12 HOLDINGS, LLC, ORDER (1) FINDING DEFENDANTS 13 TO BE IN COMPLIANCE WITH Plaintiffs, PRELIMINARY INJUNCTION, AND 14 v. (2) DIRECTING PAYMENT OF 15 SANCTION GERYON VENTURES, LLC d/b/a

16 DESS-USA and TERRATS MEDICAL (ECF Nos. 134, 136) SOCIEDAD LIMITADA, 17 Defendants, 18 19 BIOMET 3I, LLC d/b/a ZimVie, 20 Intervenor-Defendant. 21

22 Presently before the Court is the Declaration of Roger Terrats re: Compliance with 23 Preliminary Injunction and Subsequent Orders (“2d Comp. Aff.,” ECF No. 136), filed by 24 Defendants and Counterclaimants Geryon Ventures, LLC, doing business as DESS-USA 25 (“Geryon”), and Terrats Medical Sociedad Limitada (“Terrats”) (together, “DESS”) in 26 response to the Court’s February 7, 2023 Order (1) Striking Defendants’ Compliance 27 Affidavit, (2) Imposing Per Diem Fine Per Contempt Order, and (3) Denying as Moot 28 Intervenor’s Motion to Clarify. (See ECF No. 134 (the “Feb. 7, 2023 Order”).) In his 1 ||Second Compliance Affidavit, Terrats’s CEO affirms that Terrats will sell to Intervenor- 2 || Defendant and Counterclaimant Biomet 31, LLC dba ZimVie (“ZimVie”)—Terrat’s only 3 || distributor of DESSLoc® products in the United States—‘solely ‘the unmodified 4 || DESSLoc® abutment.’” (See 2d Comp. Aff. □ 5.) 5 Based on the Second Compliance Affidavit, the Court FINDS that Defendants are 6 compliance with the Court’s July 18, 2022 Order Granting in Part and Denying in Part 7 || Plaintiffs’ Motion for Preliminary Injunction (the “Preliminary Injunction,” ECF Nos. 49 8 (public) & 50 (sealed)) as of February 17, 2023. In its February 7, 2023 Order, the Court 9 ||imposed a $1,000 per diem fine beginning December 2, 2022, until Defendants “file[d] a 10 || further compliance affidavit.” (See Feb. 2, 2023 Order at 8.) The Court therefore calculates 11 ||Defendants’ total fine to be $77,000. Pursuant to Civil Local Rule 83.1, Defendants 12 SHALL PAY the $77,000 fine to the Miscellaneous Fines, Penalties and Forfeitures, Not 13 || Otherwise Classified, fund of the United States Treasury within thirty (30) days of the date 14 which this Order is electronically docketed. See, e.g., Gen. Signal Corp. v. Donallco, 15 787 F.2d 1376, 1380 (9th Cir. 1986) (“If the fine, or any portion of the fine, is coercive, 16 |/it should be payable to the court.”). Defendants SHALL SUBMIT a copy of this Order 17 || along with their payment and SHALL FILE a notice with the Court that the sanction has 18 || been paid. 19 IT IS SO ORDERED. 20 || Dated: February 21, 2023 — [5 14 bre Honorable Todd W. Robinson United States District Judge 23 24 25 26 27 28