Mortgage Electronic Registration Systems, Inc. v. Brosnan et al

Filing 78

PERMANENT INJUNCTION as to Defendant Robert Jacobsen. Signed by Judge Saundra Brown Armstrong, on 2/2/10. (lrc, COURT STAFF) (Filed on 2/3/2010) Modified on 2/4/2010 (jlm, COURT STAFF).

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, Plaintiff, vs. JOHN BROSNAN, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a California corporation, and ROBERT JACOBSEN Defendants. Case No. C 09-3600 SBA STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANT ROBERT JACOBSEN AND [PROPOSED] ORDER

Plaintiff Mortgage Electronic Registration Systems, Inc. ("MERS") filed an ex parte motion for temporary restraining order and order to show cause on August 6, 2009. On August 12, 2009, the Court entered a temporary restraining order prohibiting Defendants from using MERS' name and accepting service of process of documents intended for MERS, and requiring Defendants to forward any documents in their possession intended for MERS to MERS' counsel (hereinafter the "TRO"). The TRO required the defendants to show cause on August 26,
STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANT JACOBSEN AND [PROPOSED] ORDER C 09-01922 SBA

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

2009, why a preliminary injunction should not be entered against them. The Court conducted a hearing on MERS' motion for a preliminary injunction on August 26, 2009. The Court issued a Preliminary Injunction on September 4, 2009. MERS and Defendant Robert Jacobsen ("Mr. Jacobsen") have entered into an agreement to resolve the claims asserted against Mr. Jacobsen in this action (hereinafter the "Settlement Agreement") and, pursuant to the Settlement Agreement, they have agreed to the terms of this Stipulated Permanent Injunction. MERS and Mr. Jacobsen stipulate, and the Court hereby orders, as follows: (1) Mr. Jacobsen, together with any entity under his control or anyone acting on his

behalf in any capacity, shall not engage in, commit or perform, directly or indirectly, any of the following acts: (a) Using or applying to register MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS (with or without an "S"), MERS or any confusingly similar designations, as a mark, business name, domain name, email address, meta-tag, keyword, or otherwise; and (b) Accepting service of process or other documents intended for MERS,

including summonses, complaints, subpoenas, or any other legally-required notices naming or involving mortgage liens held by Mortgage Electronic Registration Systems, Inc., a Delaware corporation. (2) To the extent he has not done so already, Mr. Jacobsen shall complete the

necessary documents and Secretary of State filings to change the name of companies within his control from Mortgage Electronic Registration Systems, Inc., to another name that is not identical or confusingly similar or, alternatively, to dissolve such companies, as soon as practicable; (3) To the extent he has not done so already, Mr. Jacobsen shall immediately deliver

to MERS all documents and things that he, or any entity under his control or anyone acting on his behalf in any capacity, has received that were intended for MERS. For any such documents that are so received in the future, Mr. Jacobsen shall promptly deliver them to MERS. Any such documents shall be sent directly to MERS' in-house counsel, by first-class mail or other mutually
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STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANT JACOBSEN AND [PROPOSED] ORDER C 09-01922 SBA

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

agreeable method, addressed as follows: Mortgage Electronic Registration Systems, Inc. c/o Joseph J. Patry, Counsel 1818 Library Street, Suite 300 Reston, VA 20190 (4) This Court shall retain ongoing jurisdiction with respect to enforcement of this

Stipulated Injunction and the Settlement Agreement, the terms of which are incorporated herein by reference. (5) The above terms shall supersede the terms of the Preliminary Injunction with

respect to Mr. Jacobsen.

Dated: January ____, 2010

MORGAN, LEWIS & BOCKIUS LLP

By Carla B. Oakley Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

Dated: January ____, 2010

By Robert Jacobsen, Pro Se

THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED, except as to the retention of jurisdiction as set forth in paragraph 4, which is declined.

Dated: February 2, 2010

__________________________________ The Honorable Saundra Brown Armstrong United States District Judge

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STIPULATED PERMANENT INJUNCTION AGAINST DEFENDANT JACOBSEN AND [PROPOSED] ORDER C 09-01922 SBA