Free Clerk's Judgment - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Marlyn Nutraceuticals, Inc., Plaintiff, v. William Wong, et al., Defendant(s).

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AMENDED JUDGMENT CV 02-1876-PHX-HRH

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

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Decision by Court. This action came for consideration before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that plaintiff Marlyn Nutraceuticals, Inc., an Arizona corporation, have judgment against defendants William Wong and Michelle Wong, husband and wife, jointly and severally, in the amount of $1.00 compensatory damages and $50,000.00 punitive damages, for a total judgment of $50,001.00. This judgment shall bear interest from the date of entry until paid, at the rate specified by 28 U.S.C. § 1961. IT IS ORDERED AND ADJUDGED that the Court having granted Marlyn Nutraceuticals, Inc.'s Motion for Attorney Fees (dkt. #362), judgment is entered in favor of Marlyn Nutraceuticals, Inc. and against William and Michelle Wong in the amount of $38,680.62 plus interest pursuant to 28 U.S.C. 1961 from the date of entry of the amended judgment.

Case 2:02-cv-01876-HRH

Document 388

Filed 08/28/2008

Page 1 of 2

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that: WILLIAM WONG, and all persons acting in concert or participation with him who will receive actual notice of this order by personal service or otherwise, are enjoined for a term of five years after the entry of this judgment from using the attached customer list to send direct mailings and from using the attached list to contact directly, by telephone, in person, via facsimile, or any other means of communication, any person on the attached customer list. IT IS FURTHER ORDERED that this judgment -- without the referenced customer list -- shall be filed in the normal course as a public document; however, a duplicate original of this judgment with the customer list attached shall be retained under seal by the clerk of court. Plaintiff shall provide the customer list to the clerk of court for attachment to the sealed judgment forthwith. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that WILLIAM WONG, and all persons acting in concert or participation with him who will receive actual notice of the court's order by personal service or otherwise, are permanently enjoined from stating in any form of advertising or customer contact that Wobenzyme has been infected with or quarantined because of "mad cow disease" (bovine spongiform encephalopathy) or any similar characterization of Wobenzyme. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that WILLIAM WONG, and all persons acting in concert or participation with him who will receive actual notice of this order by personal service or otherwise, are permanently enjoined from making any false statements with respect to comparisons of Vitalzym to Wobenzyme. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendants William Wong and Michelle Wong, having waived their right to appeal, and this case having been concluded as to all claims between plaintiff and the Wongs, there is no just reason for delaying the entry of final judgment. Accordingly, pursuant to Rule 54(b), Federal Rules of Civil Procedure, this judgment is final. RICHARD H. WEARE District Court Executive/Clerk August 28, 2008 s/ Sally Turner By: Deputy Clerk cc: (all counsel)

Case 2:02-cv-01876-HRH

Document 388

Filed 08/28/2008

Page 2 of 2