H C THIBODEAU NORTHEAST DISTRIBUTION v. JOHNSON

Filing 65

STIPULATED ORDER on 3 Motion for Preliminary Injunction By JUDGE JOHN A. WOODCOCK, JR. (ccs)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
H.C. THIBODEAU NORTHEAST
DISTRIBUTION d/b/a
THIBODEAU’S ICE CREAM,
Plaintiff,
v.
BRENT B. JOHNSON,
Defendant.

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2:17-cv-00082-JAW

STIPULATED ORDER
This matter having proceeded on April 4, 2017 for oral argument and
evidentiary hearing on Plaintiff H.C. Thibodeau Northeast Distribution cl/b/a
Thibodeau's Ice Cream's ("TIC") Motion for Preliminary Injunction (ECF No. 3)
and a rebuttal evidentiary hearing on August 11, 2017, and upon the consent of
the parties, the Court enters the following order.
Johnson is ordered to refrain from the following listed sales,
merchandising and delivery activities until January 24, 2019.
Sales
Johnson is not to make or participate in any sales calls to any independent
convenience store or convenience store chains in Maine, New Hampshire,
Vermont and Upstate New York including the following:

1.
2.
3.
4.
5.
6.
7.
8.

7 Eleven
Circle K
Speedway RH Foster owned C-stores using branded names
Freshies, On the Run or Circle K
Maritime Farms
Leadbetter
Tradewinds
Damon Stores & Deli’s
Big Apple Stores

9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.

Nouria owned stores or franchisee using branded names Shell
Marts, Lil Marts, J&S, X-Press Stops, Golden Nozzle, FL Roberts,
Roady’s Truck Stops, Valero’s, Sunoco Sun Marts, Sebago Cafes
Amato’s corporate owned and franchisee
Global Partner LP and Global Montello Group using branded names
ALL Towns, On the Runs, Xtra Marts, Fast Freddies and Mr. Mike’s
Kwik Stops owned and franchisee
Evans Quick Marts
Champlain Farms
Simons
Maplefields
Jolley’s
Jiffy Marts
Max Markets convenience and small grocery stores
Value Channel and Family Dollar Value Stores
Walgreens, CVS, Rite Aid and Kinney Drugs Stores

Merchandising
Except with respect to large format stores, Johnson is restricted from
headquarters' calls, resets, signage merchandising and installation and removal of
equipment in any independent convenience store in Maine, New Hampshire, Vermont
and Upstate New York and for each of the convenience store chains identified in the
21 — item list under the Sales section of this order.
Merchandising, on a temporary fill in basis, in accounts presently or in the
future shared by TIC and Sure Winner is to exclude headquarters' calls, resets,
signage merchandising and installation and removal of equipment. In addition to
merchandising on a temporary fill in basis, Johnson can audit and supervise at the
store level merchandisers for whom Johnson is the Field Operations Manager.

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Deliveries
Johnson is restricted from selling off a delivery truck.
Johnson is restricted from delivering to any independent convenience store in
Maine, New Hampshire, Vermont and Upstate New York.
Johnson can make deliveries, on a temporary fill in basis, in accounts presently or
in the future shared by TIC and Sure Winner. In addition to such deliveries made on a
temporary fill in basis, Johnson can audit and supervise at the store level route delivery
drivers for whom Johnson is the Field Operations Manager.
No costs are awarded to either party.
SO, ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 30th day of August, 2017

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