Free Consent Judgment - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT
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IN AND FOR THE DISTRICT OF ARIZONA
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Erchonia Medical Inc., et al Case No.:CIV 02-203 6—PHX-MI-IM
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Plaintiff, Consolidated with
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v. CIV 02-2048-PHX-MI-IM
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Miki Smith, et al and
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Defendants. CIV 02-23 53-PHX-MHM
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EI`C1“lOI1`13 1V1€C11C8.1 Inc., et al
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Plaintiff, CONSENT
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v.
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Miki Smith, et al
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Defendants.
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Robert E. Moroney, LLC
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Plaintiff,
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V.
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Erchonia Medical, Inc., et al
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Defendants.
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Case 2:02-cv—O2036·MHM Document 357-2 Filed 03/30!200? Page 1 of 2
ase 2:02-cv-02353-IVIHIVI Document 24 Filed 04/12/2007 Page 1 of 2

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1 THIS MATTER, having come before the Court upon the parties' Stipulated Motion
2 for Entry of Judgment and Permanent Injunction on Consent, and the Court, being fully
3 advised in the premises and having found good cause therefor,
4 l. IT IS HEREBY ORDERED that pursuant to Fed. R. Civ. P. 65(d), a Partial
5 Judgment and Permanent Injunction on Consent is entered, permanently enjoining
6 Erchonia from directly or indirectly distributing, disseminating, referencing or mentioning
7 the shock hazard memo attached hereto as Exhibit I or any substantially similar
8 communication.
9 2. IT IS FURTHER ORDERED this Partial Judgment and Permanent
10 Injunction on Consent shall be binding upon Erchonia, their officers, agents, servants,
ll employees, representatives and attorneys, and upon those persons in active concert or
12 participation with Erchonia who receive actual notice of the Partial Judgment and
13 Permanent Injunction on Consent by personal service or otherwise.
14 3. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 42(a)(l)(ii) that all
15 claims pending between Robert E. Moroney, L.L.C., Robert Moroney and A Major
i 16 Difference on the one hand and Erchonia Medical Inc., George Leger, Gina Leger, Steven
17 Shanks, Debbie Sue Shanks, Kevin Tucek, Carolyn Tucek, John Brimhall, Claudette
18 Brimhall, Richard Amy and Deborah Amy on the other hand are dismissed with prejudice.
19 4. IT IS FURTHER ORDERED that all claims asserted against Miki Smith and
20 KMS Marketing, Inc. are dismissed without prejudice, with the exception of Claim 2
21 (Breach of Fiduciary Duty), Claim 4 (Conversion) and Claim 8 (Breach of Contract -
22 Promissory Note) brought by Erchonia against Miki Smith which are to remain in this
23 action.
24 5. All parties shall bear their own costs and attomey's fees incurred in this action on
claims that are hereby being dismissed.
25 4. Pursuant to Fed.R.Civ.P. 54(b), the Court finds that there is no just reason for delay
26 and hereby directs that this judgment be entered as a final judgment as t those parties and
27 claims identified above. A Q
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Case 2:02-cv-02036-MHN1 Document 357-2 Filed 03/30;*2007 Pa f2
ase 2:02-cv-02353-IVIHIVI Document 24 Filed O4/12/2007 Page 2 of 2

Case 2:02-cv-02353-MHM

Document 24

Filed 04/12/2007

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Case 2:02-cv-02353-MHM

Document 24

Filed 04/12/2007

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