Doug Mockett & Company, Inc. v. Roger Plumley
Published: Jul. 6, 1996 | Result Date: Apr. 3, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC094386 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Edward J. O'Connor
(Solomon Ward Seidenwurm & Smith LLP)
Defendant
Experts
Plaintiff
Paul Weast
(technical)
Defendant
Howard C. Rile Jr.
(technical)
Facts
The plaintiff, Doug Mockett & Company, Inc., sold plastic wire handling grommets. The defendant, Roger Plumley, was a salesperson for the plaintiff's manufacturer. The plaintiff's sole stockholder, Doug Mockett, alleged that the defendant signed a confidentiality agreement on September 1, 1989. The plaintiff alleged that he disclosed in confidence a pivoting tab grommet to the defendant in a letter dated June 19, 1991 and the defendant wrongfully misappropriated the invention. The defendant contended that he invented the grommet first. The defendant also contended that the confidentiality agreement was forged and that the plaintiff's alleged conception documents were backdated. The plaintiff brought this action against the defendant based on misappropriation of trade secret, breach of fiduciary duty an unfair competition theories of recovery.
Settlement Discussions
There were no meaningful settlement discussions.
Damages
The plaintiff claimed $_____________ in damages.
Other Information
The first trial resulted in a hung jury (8 to 4 for the defendant) and the court declared a mistrial. The court rendered a bench decision in favor of the defendant on the equitable causes of action, and awarded attorney's fees to the defendant as reported. The findings on the equitable claims had a collateral estoppel effect which extinguished all of the plaintiff's claims. The court specifically found that the plaintiff's evidence was forged and back-dated and that the plaintiff got the idea for his product by viewing the defendant's advertising.
Deliberation
_____ hours/days
Poll
____ - ____ (numbers pls.)
Length
_____ weeks/days
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