Medi-Weightloss Franchising USA, LLC v. Las Colinas Medi Weightloss Clinics, LLC et al

Filing 70

ORDER adopting 62 --REPORT AND RECOMMENDATIONS; granting 42 --motion for preliminary injunction filed by Medi IP, LLC, Medi-Weightloss Franchising USA, LLC.; directing the return of documents to the plaintiffs by 10/18/2013; directing the defendants to file an affidavit by 10/22/2013. Signed by Judge Steven D. Merryday on 10/4/2013. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MEDI-WEIGHTLOSS FRANCHISING
USA, LLC, and MEDI IP, LLC,
Plaintiffs,
v.

CASE NO.: 8:13-cv-990-T-23TBM
(Consolidated)

LAS COLINAS MEDI WEIGHTLOSS
CLINICS, LLC, SOUTHLAKE MEDI
WEIGHTLOSS CLINICS, LLC,
MONTGOMERY MAX GREEN, and
AMITY SMITH MATTEI, M.D.,
Defendants.
____________________________________/

ORDER
On September 9, 2013, Magistrate Judge McCoun issued a report (Doc. 62)
that recommends granting the plaintiffs’ motion for preliminary injunction. The
parties assert no objection. Magistrate Judge McCoun’s report and recommendation
is thorough and well-reasoned. Consequently, the report and recommendation
(Doc. 62) is ADOPTED, the plaintiffs’ motion for preliminary injunction (Doc. 42)
is GRANTED, and each defendant (and anyone acting in concert or participation
with each defendant) is PRELIMINARILY ENJOINED as follows:
(1) Each defendant must not violate the non-competition, nondisclosure, and confidentiality provisions of the parties’ written
agreements;

(2) Each defendant must not engage in a competitive business, as
defined in the parties’ written agreements, either at the defendant’s
current location or at any location within twenty-five miles of a MediWeightloss clinic;
(3) Each defendant must not operate or conduct a business in a
manner likely to suggest to the general public an affiliation between the
defendant and the plaintiffs;
(4) Each defendant must not use, disclose, or publish the Medi-System,
the Medi-Program, or the Medi-Products, including the plaintiffs’
patient handouts, intake forms, cholesterol sheets, bariatric physical
forms, consent forms, and HIPAA forms;
(5) Each defendant must not use, disclose, or publish any of the
plaintiffs’ confidential information as defined in the parties’ written
agreements;
(6) Each defendant must not use or display any of the plaintiffs’ marks,
signs, slogans, logos, advertising materials, forms, products, or items
bearing the plaintiffs’ marks, including the marks described in the
verified consolidated complaint (Doc. 48 at ¶¶ 13-14);
(7) In accord with the immediately preceding paragraph (6), each
defendant must not use the plaintiff’s marks in a manner likely to
suggest to the general public an affiliation between the defendant and
the plaintiffs;
(8) Each defendant must not use, disclose, or publish the plaintiffs’
intellectual property, trade secrets, or proprietary business information,
including the Advantage System, the Medi-Program, and the MediSystem and the know-how related to the use of the Advantage System,
the Medi-Program, and the Medi-System;
(9) The defendant Amity Smith Mattei, M.D., must notify her patients
of this injunction and the availability of other Medi-Weightloss clinics
in the region to which Mattei’s patients may transfer their patronage;
and
(10) No later than October 18, 2013, each defendant must transfer to
the plaintiffs the former telephone and fax numbers of the Southlake
Clinic and the Las Colinas Clinic.

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No later than October 18, 2013, each defendant must either (1) return to the
plaintiffs any documents and information pertaining to the plaintiffs’ products and
services or (2) destroy the documents and information. No later than October 22,
2013, each defendant must file with the court a sworn affidavit affirming that the
defendant either returned the documents and information or that the defendant
destroyed the documents and information.
The plaintiffs must forthwith post a bond of $10,000.
ORDERED in Tampa, Florida, on October 4, 2013.

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