AAAC Support Services LLC v. Grose et al

Filing 23

ORDER Granting 20 Motion for Entry of Default Judgment Regarding Confirmation of Arbitration Award as to Defendant Pest Team Six LLC, by Judge Christine M. Arguello on 10/29/2018. (swest)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 18-cv-01011-CMA-NRN
AAAC SUPPORT SERVICES, LLC,
Plaintiff,
v.
TODD GROSE,
KELLY GROSE,
PEST TEAM SIX LLC, and
THE PEST GROUP LLC,
Defendants.
ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT REGARDING
CONFIRMATION OF ARBITRATION AWARD
______________________________________________________________________
THE COURT, being duly advised in the premises, hereby orders adjudges and
decrees the following:
1.

The Motion for Entry of Default Judgment Regarding Confirmation of Arbitration

Award (Doc. # 20) filed by Plaintiff AAAC Support Services, LLC ("Plaintiff AAAC") is
granted as to Defendant Pest Team Six, LLC ("Defendant Pest Team") only.
2.

The Interim Award Granting Preliminary Injunctive Relief, a copy of which is

found at Doc. # 1-3, is confirmed pursuant to 9 U.S.C. § 9 and made the Preliminary
Injunction of this Court.

3.

In particular, Defendant Pest Team is enjoined until the arbitration hearing in this

matter as follows:
a.

Directly engaging - for a period of two years from the date of this Interim

Award - in a wildlife control business or any other business which is similar to the
business of Defendant Pest Team's former AAAC franchise, or a business which
offers or sells any product, service or component which is part of the AAAC
System within the market of Defendant Pest Team's former Reserved Areas
pursuant to the post-term covenant not to compete in Section 15.D of the
Franchise Agreements; or (ii) engaging indirectly in a wildlife control business or
any other business similar to the business of Defendant Pest Team’s’ former
AAAC franchise by, without limitation, consulting for any competing business,
serving as an independent contractor for a competing business, or providing any
assistance or transmission of information of any kind which would be of material
assistance to a competing business in violation of Section 15.D of the Franchise
Agreements;
b.

Using or distributing any Confidential Information of Plaintiff AAAC,

including AAAC's Operations Manual or any customer lists or customer records
and files; and
c.

Using the AAAC Marks in any form including: (i) on any website, social

media site such as Facebook, LinkedIn, Twitter, Google+, FourSquare, Yelp,
YouTube, Tumblr, Instagram, Pinterest, or any other internet source; (ii) in any
print medium including flyers, newspapers, magazines, door hangers, service
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agreements, or any other print marketing materials; (iii) on any apparel; (iv) in
any radio or television advertisements; (v) in any written or electronic
communication including, without limitation, e-mail messages, pre-recorded
telephone solicitations or audio hold tracks, and written letters; or (vi) in any other
form whatsoever, including, without limitation, check endorsement stamps.

For the foregoing reasons, Plaintiff AAAC’s Motion for Entry of Default Judgment
Regarding Confirmation of Arbitration Award (Doc. # 20) is GRANTED.

DATED: October 29, 2018
BY THE COURT:
_____________________________
CHRISTINE M. ARGUELLO
United States District Judge

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