Derek and Constance Lee Corp. v. Kim Seng Company

MEMORANDUM *

Derek and Constance Lee Corp. dba Great River Food Corp. (“Great River”) appeals from the district court’s order denying Great River’s request for an order of civil contempt against Kim Seng Co. (“Kim Seng”) for failure to comply with the district court’s March 10, 2008, injunction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in concluding that Great River was barred by laches from seeking con *698 tempt sanctions against Kim Seng. Its findings that Great River’s delay was unreasonable and caused prejudice to Kim Seng are supported in the record. See Couveau v. Am. Airlines, Inc., 218 F.3d 1078, 1083 (9th Cir.2000) (“To establish laches a defendant must prove both an unreasonable delay by the plaintiff and prejudice to itself.”). Great River knew that Kim Seng was selling products with packaging that Great River claimed violated the injunction as early as September 2008. Yet Great River failed to act for one full year. Then, upon discovering that Kim Seng’s products were being sold in markets, Great River still did nothing for five months. Under these circumstances, the district court did not commit a…

concurring:

I do not agree that the injunction is ambiguous, but I do agree that the district court did not abuse its discretion in ruling that Great River’s contempt motion is barred by laches.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT FEB 01 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

DEREK AND CONSTANCE LEE No. 10-55721 CORPORATION, a California corporation, DBA Great River Food, D.C. No. 2:05-cv-03635-ABC-

MAN

Plaintiff-counter-defendant - Appellant,

MEMORANDUM*

v.

KIM SENG COMPANY,

Defendant-counter-claimant - Appellee.

Appeal from the United States District Court for the Central District of California Audrey B. Collins, Chief District Judge, Presiding

Argued and Submitted December 7, 2011 Pasadena, California

Before: B. FLETCHER, SILVERMAN, and WARDLAW, Circuit Judges.

Derek and Constance Lee Corp. dba Great River Food Corp. (“Great River”)

appeals from the district court’s order denying Great River’s request for an order of

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. civil contempt against Kim Seng Co. (“Kim Seng”) for failure to comply with the

district court’s March 10, 2008, injunction. We have jurisdiction under 28 U.S.C.

§ 1291, and we…