Oil States Indus. v. Nambakam (In re Nambakam)
Decision Date | 25 August 2021 |
Docket Number | 19-13549-SAH,Adv. 19-01108-SAH |
Parties | In re: ASHWIN NAMBAKAM, Debtor. v. ASHWIN NAMBAKAM, Defendant. OIL STATES INDUSTRIES, INC., Plaintiff, |
Court | U.S. Bankruptcy Court — Western District of Oklahoma |
ORDER GRANTING OIL STATES INDUSTRIES, INC.'S MOTION FOR SUMMARY JUDGMENT WITH BRIEF IN SUPPORT AND NOTICE OF OPPORTUNITY FOR HEARING [DOC. 18]
On June 21, 2021, plaintiffOil States Industries, Inc.("Oil States") filed the Oil States Industries, Inc.'s Motion for Summary Judgment with Brief in Support and Notice of Opportunity for Hearing[Doc. 18](the "Motion").On July 7, 2021, defendantAshwin Nambakam("Debtor") filed Ashwin Nambakam's Opposition to Oil States Industries, Inc.'s Motion for Summary Judgment and Request for Hearing[Doc. 19](the "Objection").Oil States subsequently amended the Motion by filing the Oil States Industries, Inc.'s Amendment to Motion for Summary Judgment[Doc. 18] with Notice of Opportunity for Hearing[Doc. 20], on July 12, 2021(the "Amendment"; the Motion as amended by the Amendment, the "Amended Motion").On July 26, 2021 Debtor filed Ashwin Nambakam's Amended Opposition to Oil States Industries, Inc.'s Motion for Summary Judgment[Doc. 22](the "Amended Objection").
The Court has jurisdiction to hear this action pursuant to 28 U.S.C. § 1334(b), and venue is proper pursuant to 28 U.S.C. § 1409.Reference to the Court of this matter is proper pursuant to 28 U.S.C. § 157(a), and this is a core proceeding as contemplated by 28 U.S.C. § 157(b)(2)(I).Furthermore, Oil States consents to entry of final orders and judgment by the Court in this adversary proceeding pursuant to Federal Rule of Bankruptcy Procedure 7008.Debtor does not dispute the Court's jurisdiction however, he"does not consent to the entry of a judgment of nondischargeability of his debts."[Doc. 5].Debtor's baffling position is of no consequence; the Court unquestionably has jurisdiction to enter a final judgment as to the dischargeability of his debts.Johnson v. Riebesell(In re Riebesell), 586 F.3d 782 793(10th Cir.2009).
This adversary proceeding concerns a debt arising from a state court action filed in the District Court of Oklahoma County Oklahoma, Case No. CJ-2017-3496( ).In the State Court Action, Oil States sought damages and injunctive relief for the theft of confidential, trade-secret information by former employees, including Debtor.Due to repeated, egregious discovery misconduct, Oil States obtained a default judgment against Debtor as a sanction, finding him liable on each of Oil States' claims, including misappropriation of trade secrets and breach of duty of loyalty.A bench trial was conducted on remedies, and a judgment was entered against Debtor in favor of Oil States in the aggregate amount of $563, 686.17.Oil States now seeks to have the debt excepted from Debtor's discharge pursuant to 11 U.S.C. § 523(a)(4) and (6), issue preclusion to support its request for summary judgment.
For the reasons set forth below, Oil States' Amended Motion is granted.
""American Express Bank v. Mowdy(In re Mowdy), 526 B.R. 63, 73(Bankr. W.D. Okla.2015)(citingBank of Cushing v. Vaughan(In re Vaughan), 342 B.R. 385(10th Cir. BAP2006)).In opposing a properly supported motion for summary judgment, a party cannot rely on mere allegations or general denials but must come forward with specific and material facts, established by probative evidence.Mowdy, 526 B.R. at 73(citingState Farm Fire and Cas. Co. v. Edie(In re Edie), 314 B.R. 6, 18(Bankr. D. Utah2004)).Debtor's burden to controvert Oil States' facts "'requires more than what was put forth in this case.'"Mowdy, 526 B.R. at 73(citingVaughan, 342 B.R at 385).His choice to provide no affidavit or any other evidentiary materials to support his denial of Oil States' statement of undisputed facts, which were properly supported by the record before the Court, failed to create any disputed material facts.For purposes of the Amended Motion, the Court finds no genuine dispute exists as to the following material facts:
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