Tutoring Club, LLC v. RMA, LLC et al

Filing 22

ORDER for Entry of Injunction re: 20 Joint MOTION to Dismiss Claims and Counterclaims and Entry of Consent Injunction. For a period of 1 year from the date of this Order, defendants RMA, LLC and Kathleen DeMatteo are enjoined from engaging in the following activities. This Court shall maintain jurisdiction to enforce the terms of this Order for any violation thereof, by Judge R. Brooke Jackson on 1/18/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02607-RBJ-BNB
TUTORING CLUB, LLC,
Plaintiff,
v.
RMA, LLC, and KATHLEEN DEMATTEO,
Defendant.
______________________________________________________________________________
ORDER FOR ENTRY OF INJUNCTION
______________________________________________________________________________
THE COURT, having reviewed the Parties’ Motion for Entry of Consent Injunction and,
being fully advised in the premises, hereby
ORDERS that, for a period of one (1) year from the date of this Order, defendants RMA,
LLC (“RMA”) and Kathleen DeMatteo (“DeMatteo”) are enjoined from engaging in the following
activities, and is hereby commanded forthwith to desist and refrain from:
1.

Directly or indirectly engaging in or investing in, owning, managing, operating,

financing, controlling, or participating in the ownership, management, operation, financing, or
control of; being employed by, associated with, or in any manner connected with; lending its or
her name or any similar name to; or rendering services or advice to any business that offers or
provides tutoring services and related services and items within fifteen (15) miles of 1445
Nelson Road, Longmont, Colorado 80501;
2.

Directly or indirectly engaging in or investing in, owning, managing, operating,

financing, controlling, or participating in the ownership, management, operation, financing, or
control of; being employed by, associated with, or in any manner connected with; lending its or

her name or any similar name to; or knowingly rendering services or advice to any business that
offers or provides tutoring services and related services and items within fifteen (15) miles of
any business owned or operated by plaintiff, Tutoring Club, LLC (“Tutoring Club”), or any
affiliate or franchisee of Tutoring Club;
3.

Knowingly soliciting or attempting to solicit any client of Tutoring Club or any

client of any affiliate or franchisee of Tutoring Club;
4.

Knowingly soliciting, employing, or otherwise engaging as an employee,

independent contractor, or otherwise, any person (an “Employee”) who is at the time of this
Order or previously was an employee of Tutoring Club or of any affiliate or franchisee of
Tutoring Club; or in any manner inducing or attempting to induce an Employee to terminate his
or her employment with Tutoring Club or with any affiliate or franchisee of Tutoring Club;
5.

Knowingly interfering with Tutoring Club’s relationship with any person,

including any person who at any time from March 6, 2007 through the date of this Order was an
employee, contractor, supplier, or client of Tutoring Club or of RMA’s former Tutoring Club
franchise;
6.

Directly or indirectly using, exploiting, reproducing, selling, or selling

reproductions of any materials bearing any trademark owned by Tutoring Club or consisting of
any copyrighted materials owned by Tutoring Club or its affiliate, Tutormark, LLC, without
consent from Tutoring Club or from Tutormark, LLC;
7.

Directly or indirectly using, communicating to competitors of Tutoring Club,

exploiting, or divulging in any way, for purposes of competing with Tutoring Club, any of
Tutoring Club's nonpublic trade secrets, proprietary information, nonpublic technical data, or
nonpublic know-how that relates to Tutoring Club’s business or to a franchisee of Tutoring

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Club, including Tutoring Club’s franchise operating manual, its quality control systems, its tutor
recruiting and training materials and programs, its tutoring materials and programs, Tutoring
Club’s proprietary software used to operate a Tutoring Club franchise, and nonpublic
information regarding Tutoring Club’s salaries, research, items, services, developments,
inventions, processes, techniques, designs, marketing, finances, field operations, employee
recruiting, and supplier relations; and
8.

Notwithstanding any language above to the contrary, nothing contained in this

Order shall in any way enjoin, preclude, restrict, or limit DeMatteo’s participation or
engagement in any service, activity, or role for any individual or entity for which DeMatteo
does not receive compensation (other than reimbursement for expenses incurred).
IT IS FURTHER ORDERED that this Court shall maintain jurisdiction to enforce the terms
of this Order for any violation thereof.

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SO ORDERED this 18th day of January, 2012.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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