Forte Supply, LLC et al v. Mojo Frozen Yogurt, LLC et al

Filing 103

ORDER by Magistrate Judge Nina Y. Wang on 9/2/15 re: Stipulated Motion for Order Directing Removal of Internet Discussions of Plaintiff Pursuant to Settlement Agreement 101 . The Stipulated Motion for Order is GRANTED; The Settlement Agreemen t tendered by the Parties is APPROVED; Pursuant to Paragraph 2.3 of the Settlement Agreement, Defendants are DIRECTED to remove any and all online reviews and comments concerning Plaintiffs; Defendants are directed to serve a copy of this Order, by personal service or otherwise, on merchantcircle.com and google.com. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00797-RM-BNB
FORTE SUPPLY, LLC, a Colorado limited liability company, and
JEFF RESNICK, a resident of the state of Colorado, in his official capacity,
Plaintiffs,
v.
MOJO FROZEN YOGURT, LLC, a New Jersey limited liability company, and
ANTHONY CURTIS, as Executor of the Estate of THOURIA IBRAHIM,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Magistrate Judge Nina Y. Wang
This matter comes before the court on the Parties’ Stipulated Motion for Order Directing
Removal of Internet Discussions of Plaintiff Pursuant to Settlement Agreement (“Stipulated
Motion for Order”) [#101, filed August 28, 2015], which was referred to the undersigned
Magistrate Judge pursuant to the Order of Reference dated May 23, 2015 [#18], the
Reassignment dated February 9, 2015 [#94], and the Memorandum dated August 28, 2015
[#102]. The court has reviewed the Parties’ request and the Settlement Agreement provided as
[#101-2], and IT IS ORDERED:
(1) The Stipulated Motion for Order [#101] is GRANTED;
(2) The Settlement Agreement tendered by the Parties is APPROVED;
(3) Pursuant to Paragraph 2.3 of the Settlement Agreement, Defendants are DIRECTED
to remove any and all online reviews and comments concerning Plaintiffs from any
website
upon
which
an
online
review
was
posted,
including
http://www.merchantcircle.com/business/Forte.Supply.720-328-1020
and
https://plus.google.com103822417634752770013/reviews;
(4) Pursuant to Rule 65(d)(2), this Order binds (i) the Parties; (ii) the Parties’ officers,
agent, servants, employees, and attorneys; and (iii) other persons who are in active
concert or participation with anyone described in (i) or (ii), including but not limited
to merchantcircle.com and google.com to the extent they fall within the scope of (iii);

(5) To the extent that merchantcircle.com falls within the scope of Rule 65(d)(2), it is
DIRECTED to REMOVE the review posted by “thouria” found at
http://www.merchantcircle.com/business/Forte.Supply.720-328-1020;
(6) To the extent that google.com falls within the scope of Rule 65(d)(2), it is
DIRECTED
TO
REMOVE
the
information
found
at
https://plus.google.com103822417634752770013/reviews;
(7) Defendants are directed to serve a copy of this Order, by personal service or
otherwise, on merchantcircle.com and google.com in order to provide actual notice as
contemplated by Rule 65 of the Federal Rules of Civil Procedure.
DATED: September 2, 2015

BY THE COURT:

s/ Nina Y. Wang
Nina Y. Wang
United States Magistrate Judge