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Barranco v. 3D Systems Corp.

United States District Court, D. Hawaii

August 13, 2018

RONALD BARRANCO, Plaintiff,
v.
3D SYSTEMS CORPORATION, a Delaware corporation, 3D SYSTEMS, INC., a California corporation, ABRAHAM REICHENTAL, DAMON GREGOIRE, Defendants.

          ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S RULE 52(b)/59(e) MOTION TO AMEND BENCH FINDINGS AND JUDGMENT

          Leslie E. Kobayashi United States District Judge.

         On 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 below.

         BACKGROUND

         The 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.[1] 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.[2] 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, ...


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