Henry Schein Inc, et al v. Certified Business

Filing 28

AMENDED AND RESTATED AGREED FINAL JUDGMENT and PERMANENT INJUNCTION by Judge David O. Carter, in favor of HSI Service Corp against Certified Business Supply Inc. 2. Purity, its affiliates, subsidiaries, parents and their respective past, present or f uture officers, directors, agents, employees, independent contractors, representatives, servants, successors and assigns, and all person in active concert or participation with them (collectively the Purity Parties) will forever cease and desist, and refrain in the future from, anywhere in the world: (See document for further details.) 2. Certified shall pay to HSI the total sum of $39,626.60, plus interest at the rate of 10% per annum starting from November 19, 2008. Certified may sat isfy its payment obligations under this paragraph by making payments equaling $41,128.46, payable as follows: A. Within five (5) days after execution of this Judgment by the Parties, Certified shall pay to HSI the sum of ten thousand dollars (&# 036;10,000.00), by a certified bank check, a cashier's check, or money order (collectively Certified Funds); B. Thereafter, Certified shall pay to HSI the remaining $29,626.60, plus 10% per annum interest beginning on February 1, 2009 as follows: a. eleven (11) monthly payments of two thousand eight hundred twenty nine dollars and eighty six cents ($2,829.86), commencing on February 1, 2009, and continuing on the first of each of the following months, until paid in full. b. Certified shall make each of these payments by Certified Funds only; (rla)

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CONNON WOOD SCHEIDEMANTLE LLP DAVID R. SCHEIDEMANTLE, State Bar No. 150054 [e-mail] NAVID YADEGAR, State Bar No. 205315 [e-mail] KATHLEEN M. WOOD, State Bar No. 149916 [e-mail] 35 East Union Street, Suite C Pasadena, California 91103 Telephone: [phone] Facsimile: [phone] Attorneys for HENRY SCHEIN, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION HENRY SCHEIN, INC., HSI SERVICE CORP., Plaintiff, vs. CERTIFIED BUSINESS SUPPLY, INC., d/b/a PURITY MEDICAL PRODUCTS, INC., Defendant. CASE NO. SACV03-1662 DOC (ANx) AMENDED AND RESTATED AGREED FINAL JUDGMENT AND PERMANENT INJUNCTION The Honorable David O. Carter

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WHEREAS, on or about May 5, 2004, this Court issued the Agreed Final Judgment and Permanent Injunction ("Injunction"), against Certified Business Supply, Inc. ("Certified"); WHEREAS, on or about January 18, 2008, Henry Schein, Inc. ("HSI") filed a Motion for Contempt ("Motion") against Certified for violating the Injunction; WHEREAS, the Court granted the Motion and, on or about November 18, 2008, awarded to HSI $32,051.60 in reasonable attorneys' fees and $7,575.00 in costs; and WHEREAS, HSI and Certified have agreed to the terms of this Amended and Restated Agreed Final Judgment and Permanent Injunction as follows: 1. 2. Judgment is entered in favor of HSI. Purity, its affiliates, subsidiaries, parents and their respective past,

present or future officers, directors, agents, employees, independent contractors, representatives, servants, successors and assigns, and all person in active concert or participation with them (collectively the "Purity Parties) will forever cease and desist, and refrain in the future from, anywhere in the world: A. Directly or indirectly using, without authorization, HSI's marks, trade names, or any marks confusingly similar thereto or claiming to represent or otherwise be associated with HSI or HSI's marks under any circumstances; B. Committing any acts that may cause purchasers to believe that the Purity Parties are in any way affiliated or associated with HSI or any of its affiliates, subsidiaries, parents and their respective past, present, or future officers, directors, agents, representatives, servants and employees; C. Directly or indirectly forming or causing to be formed any corporation, partnership, or other business entity that engages in any of the conduct proscribed by the paragraphs above; and
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D. 2.

Attempting, causing or assisting any of the above-described acts.

Certified shall pay to HSI the total sum of $39,626.60, plus interest at

the rate of 10% per annum starting from November 19, 2008. Certified may satisfy its payment obligations under this paragraph by making payments equaling $41,128.46, payable as follows: A. Within five (5) days after execution of this Judgment by the Parties, Certified shall pay to HSI the sum of ten thousand dollars ($10,000.00), by a certified bank check, a cashier's check, or money order (collectively "Certified Funds"); B. Thereafter, Certified shall pay to HSI the remaining $29,626.60, plus 10% per annum interest beginning on February 1, 2009 as follows: a. eleven (11) monthly payments of two thousand eight hundred twenty nine dollars and eighty six cents ($2,829.86), commencing on February 1, 2009, and continuing on the first of each of the following months, until paid in full. b. C. Certified shall make each of these payments by Certified Funds only; In the event that a payment is not timely received by HSI, the entire unpaid amount, plus all accrued interest, shall become immediately due and owing. A declaration of HSI's counsel testifying to the fact of Certified's default, and setting forth the outstanding balance as of the date of default shall be sufficient evidence as to the fact of the default and amount of the unpaid balance.

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D.

In the event that a payment is not timely received by HSI, HSI shall be entitled to recover from Certified all reasonable attorneys' fees incurred by HSI in collecting on this Judgment.

5.

This is a final and binding judgment as to the claims and defenses by

HSI as against Purity presented in this Action, which could have been in this Action, or that arise from, are connected with, or pertain to any claim that may have been asserted in this Action as of the date hereof. 6. 7. This Amended and Restated Agreed Final Judgment and Permanent This Court will retain jurisdiction over this Action and the parties, Injunction shall be binding and enforceable against HSI and Purity Parties. including without limitation for motions seeking contempt for breach of this Amended and Restated Agreed Final Judgment and Permanent Injunction; to enforce any provision of this Amended and Restated Agreed Final Judgment and Permanent Injunction; to resolve any dispute arising out of this Amended and Restated Agreed Final Judgment and Permanent Injunction, including without limitation the power to construe, interpret and enforce any of its provisions. SO ORDERED, this 10th day of February, 2009. The Honorable David O. Carter AGREED: Dated: HENRY SCHEIN, INC. By: Name: Title:

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Dated:

CERTIFIED BUSINESS SUPPLY, INC. By: Name: Title:

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