United States District Court, D. Hawaii
ORDER GRANTING IN PART AND DENYING IN PART
PLAINTIFF'S RULE 52(b)/59(e) MOTION TO AMEND BENCH
FINDINGS AND JUDGMENT
E. Kobayashi United States District Judge.
April 19, 2018, Plaintiff Ronald Barranco
(“Plaintiff”) filed his Rule 52(b)/59(e) Motion
to Amend Bench Findings and Judgment (“Motion”).
[Dkt. no. 398.] On May 4, 2018, Defendants 3D Systems
Corporation and 3D Systems, Inc. (“Defendants”)
filed their memorandum in opposition, and Plaintiff filed his
reply on May 18, 2018. [Dkt. Nos. 408, 411.] The Court has
considered the Motion as a non-hearing matter pursuant to
Rule LR7.2(e) of the Local Rules of Practice of the United
States District Court for the District of Hawai`i
(“Local Rules”). Plaintiff's Motion is
granted in part and denied in part for the reasons set forth
background of this matter is well known to the parties, and
the Court will only discuss the background relevant to the
Motion. On May 27, 2016, following a trial, the jury returned
verdict in favor of Defendant on all of Plaintiff's
claims and in favor of Defendants on their counterclaim for
breach of the Non-Compete Provision
(“Non-Compete”) contained within the parties'
Purchase and Sale Agreement (“PSA”). [Dkt. no.
282.] On May 9, 2017, in its Order Denying Plaintiff's
Oral Motion for Judgment as a Matter of Law (“5/9/17
Order”), this Court concluded, based on the jury's
verdict, that Defendants were entitled to an equitable
accounting. [Dkt. no. 300. On November 20, 2017, this Court
conducted a one-day bench trial to perform the equitable
accounting. [Minutes, (dkt. no 382).] On March 30, 2018, this
Court issued its Findings of Fact and Conclusions of Law and
Order (“FOFCOL”). [Dkt. no. 391. The FOFCOL found
as facts, and ultimately ordered that, inter alia:
17. On August 10, 2016, Barranco exercised the Buyout. 3D
Systems issued Barranco a check in the amount of $120, 818.00
(“Buyout Payment”). . . .
18. Barranco did not cash the check tendering the Buyout
Payment. However, the amount of the Buyout Payment is still
owed pursuant to the PSA].
4. Fashioning complete relief in this case requires that
Barranco disgorge, and 3D Systems recover:
$229, 117.94 - Salary
$233, 333.33 - Up Front Payment
$ 0.00 - Royalty Payments
$ 60, 409.00 - Buyout Payment
$522, 860.24 - Total
307 F.Supp.3d at 1082, ...