Verified Nutrition LLC et al v. Eric Sclar et al

Filing 41

PERMANENT INJUNCTION as Defendants Eric and Carolina Sclar, and NHS Global Distributors, Inc. and their agents by Judge Otis D. Wright, II (lc)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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VERIFIED NUTRITION, LLC, a
CASE NO. 2:17-cv-07499-ODW-RAO
Nevada limited liability company; FRED
BUCKLEY, an individual,
Judge: Honorable Otis D. Wright, II
First Street Courtroom: 5D
Plaintiffs,
xxxxxxxxxxxxxxxxxx
[PROPOSED] ORDER FOR
v.
PERMANENT INJUNCTION
ERIC SCLAR, an individual;
Action Filed: October 13, 2017
CAROLINA SCLAR, an individual;
Trial Date:
None set
NHS GLOBAL DISTRIBUTORS, INC.,
a California corporation; and DOES 1 to
10, inclusive,
Defendants.

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[PROPOSED] ORDER FOR PERMANENT INJUNCTION

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After considering the Stipulation for Permanent Injunction by Plaintiffs Fred

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Buckley and Verified Nutrition, LLC (collectively, “Plaintiffs”), and Defendants

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Eric and Carolina Sclar, and NHS Global Distributors, Inc. (collectively,

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“Defendants”), and for good cause shown,

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IT IS HEREBY ORDERED as follows:

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(1) Defendants—and their respective agents, servants, attorneys, employees,

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representatives, and all persons who are in active concert or participation

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with them—are hereby specifically and permanently enjoined from

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disseminating any false and/or misleading statements, including

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statements made or displayed on any of their websites, that:

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(a)

Verified Nutrition “does not exist”;

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(b)

Plaintiffs’ product, ProstaGenix, is ineffective and “just a cheap
imitation of Prostate Miracle” [Defendants’ product];

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(c)

Prostate Report is a “fake review site” using “fake lab tests” and

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fake lab reports to review different prostate supplements and to rate

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ProstaGenix as the top product on the market, and is promoted

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through what Defendants have styled as the “gang of fraudsters”;

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and

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(d) Plaintiff Buckley—the founder and President of Verified

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Nutrition—is, among other derogatory claims, “a liar,

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plagiarist, and con man” as well as a “sociopath” who publishes

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plagiarized and “fake review magazines” in connection with

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promoting his business and ProstaGenix.

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(2) Defendants—and their respective agents, servants, attorneys, employees,

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representatives, and all persons who are in active concert or participation

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with them—are hereby generally and permanently enjoined from

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disseminating any false and/or misleading statements, including

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statements made or displayed on any of their websites, regarding:
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[PROPOSED] ORDER FOR PERMANENT INJUNCTION

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(a)

Plaintiffs’ business operations;

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(b)

Plaintiffs’ prostate supplement product, ProstaGenix;

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(c)

Plaintiffs’ testing methods and results, as published on Plaintiffs’
website or Plaintiffs’ magazines; and

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(d)

Plaintiffs, their website, their business, their product or their

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magazines, to any person or entity, including to distributors,

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customers, potential customers, or to any persons or entities

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involved in or having any relation to the dietary supplement

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industry.

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IT IS SO ORDERED
December 6

Dated: __________________, 2017

____________________________
____________________________
_ _ _
Honorable Otis D. Wright II
Otis D. Wright
i
United States District Judge
District
s

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[PROPOSED] ORDER FOR PERMANENT INJUNCTION