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
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Case No.:CIV 02-2036-PHX-MHM Consolidated with CIV 02-2048-PHX-MHM and CIV 02-2353-PHX-MHM

Plaintiff,
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v.
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Miki Smith, et al
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Defendants.
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____________________________________
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Erchonia Medical Inc., et al
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Plaintiff,
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CORRECTED PARTIAL JUDGMENT AND PERMANENT INJUNCTION ON CONSENT

v.
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Miki Smith, et al
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Defendants.
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____________________________________
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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-02048-MHM

Document 14

Filed 04/20/2007

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THIS MATTER, having come before the Court upon the parties' Stipulated Motion for Entry of Judgment and Permanent Injunction on Consent, and the Court, being fully advised in the premises and having found good cause therefor, 1. IT IS HEREBY ORDERED that pursuant to Fed. R. Civ. P. 65(d), a Partial Judgment and Permanent Injunction on Consent is entered, permanently enjoining Erchonia from directly or indirectly distributing, disseminating, referencing or mentioning the shock hazard memo attached hereto as Exhibit 1 or any substantially similar communication. 2. IT IS FURTHER ORDERED this Partial Judgment and Permanent

Injunction on Consent shall be binding upon Erchonia, their officers, agents, servants, employees, representatives and attorneys, and upon those persons in active concert or participation with Erchonia who receive actual notice of the Partial Judgment and Permanent Injunction on Consent by personal service or otherwise. 3. IT IS FURTHER ORDERED pursuant to Fed. R. Civ. P. 42(a)(1)(ii) that all

claims pending between Robert E. Moroney, L.L.C., Robert Moroney and A Major Difference on the one hand and Erchonia Medical Inc., George Leger, Gina Leger, Steven Shanks, Debbie Sue Shanks, Kevin Tucek, Carolyn Tucek, John Brimhall, Claudette Brimhall, Richard Amy and Deborah Amy on the other hand are dismissed with prejudice. 4. IT IS FURTHER ORDERED that all claims asserted against Miki Smith and

KMS Marketing, Inc. are dismissed without prejudice, with the exception of Claim 2 (Breach of Fiduciary Duty), Claim 6 (Conversion) and Claim 8 (Breach of Contract Promissory Note) brought by Erchonia against Miki Smith which are to remain in this action. 5. All parties shall bear their own costs and attorney's fees incurred in this action on claims that are hereby being dismissed.

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6.

Pursuant to Fed.R.Civ.P. 54(b), the Court finds that there is no just reason for

delay and hereby directs that this judgment be entered as a final judgment as to those parties and claims identified above. Dated this 20th day of April, 2007.

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