Xcentric Ventures, LLC, et al., v. Richeson

Filing 59

STIPULATED ORDER FOR PERMANENT INJUNCTION that the Stipulated 45 Motion for Stipulated Permanent Injunction Order is GRANTED and Defendant Richeson is permanently enjoined from, directly or through his agents, servants, employees, and other persons who are in active concert or participation with him: see attached pdf for complete details. Signed by Judge John W Sedwick on 11/24/10. (ESL)

Xcentric Ventures, LLC, et al., v. Richeson

Doc. 59

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Xcentric Ventures, LLC, an Arizona limited liability corporation, and Jaburg & Wilk, P.C., an professional corporation, Plaintiffs v. Shawn Richeson, Defendant. No. CV-10-01931-PHX-NVW STIPULATED ORDER FOR PERMANENT INJUNCTION

Before this Court is the Application of Jaburg & Wilk, P.C. ("Jaburg & Wilk"), an Arizona professional corporation, and Shawn Richeson, for the entry of a Stipulated Permanent Injunction. The Court having considered the Application and Settlement

Agreement on file with the Court, and being otherwise advised, FINDS that: (1) Shawn Richeson and Jaburg & Wilk (collectively the "Parties") are involved in a dispute involving conduct on the part of Richeson, which Jaburg & Wilk claims is defamatory and disparaging to Jaburg & Wilk; The Parties have agreed that Jaburg & Wilk will dismiss its claims against Richeson in this matter, as further detailed in the Settlement Agreement, in return for Richeson's agreement to entry of this Permanent Injunction; Richeson neither admits nor denies the allegations of engaging in defamatory and disparaging conduct toward Jaburg & Wilk, and he

Dockets.Justia.com

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knowingly, willingly, and voluntarily waives any First Amendment rights he may have with respect to the conduct covered in the Settlement Agreement; Public policy favors settlement agreements as a benefit to society and the parties involved in resolving disputes quickly with a result that is presumably of greater satisfaction to the parties; and Public policy favors the freedom to contract, even when contracts enjoin parties from exercising their First Amendment rights. IT IS THEREFORE ORDERED that the Stipulated Motion for Stipulated Permanent Injunction Order is GRANTED and Defendant Richeson is permanently enjoined from, directly or through his agents, servants, employees, and other persons who are in active concert or participation with him: (1) Knowingly publishing or causing to be published any false, disparaging, or defamatory communication about Jaburg & Wilk, or any of its current or former employees; Knowingly publishing or causing to be published any false, disparaging, or defamatory communication about any client of Jaburg & Wilk, other than Xcentric Ventures; Intentionally interfering with the contractual relationship between Jaburg & Wilk and their clients. DATED this 24th day of November 2010.

/s/ JOHN W. SEDWICK UNITED STATES DISTRICT JUDGE