Home Instead v. LeMaire et al

Filing 17

PERMANENT INJUNCTION - Pursuant to the memorandum opinion 16 entered herein this date, IT IS ORDERED that defendants are enjoined as follows: 1) Defendants shall immediately cease and are hereby permanently prohibited from representing by any means whatsoever, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants are associated, affiliated, sponsored, or connected in any way with Home Instead. 2) For a period of two (2) years from the date of this order, defendants and all other persons under their authority or acting in concert with defendants or on their behalf SHALL NOT either directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership, limited liability company, corporation, or other entity or arrangement: i) divert, or attempt to convert any business or customer of any Franchised Business (as defined in the Franchise Agreement) to any competitor , by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Licensed Marks and the System (as both terms are defined in the Franchise Agreement) ; ii) own, maintain, operate, engage in, or have any financial or beneficial interest (including any interest in a corporation, partnership, limited liability company, trust, unincorporated association, or joint venture), advise, assist, or make loan s to any Competitive Business (as defined in the Franchise Agreement) that is located within or that is intended to be located within the Exclusive Area (as defined in the Franchise Agreement) granted Franchisee or within the Exclusive Area granted a ny franchisee within the System or within a seventy-five (75) mile radius of the premises of the Franchised Business granted by the Franchise Agreement or within a seventy-five (75) mile radius of the location of any existing HOME INSTEAD SENIOR CARE franchise, any HOME INSTEAD SENIOR CARE franchise under construction, or any planned HOME INSTEAD SENIOR CARE franchise where land has been purchased or a lease has been executed by Franchisor, its affiliate or any franchisee. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to defendants)(TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
HOME INSTEAD, INC., a
Nebraska corporation,

)
)
)
Plaintiff,
)
)
v.
)
)
RAEGAN J. LEMAIRE, an
)
individual, and LEMAIRE
)
ENTERPRISES, LLC, a
)
Louisiana limited liability
)
company,
)
)
Defendants.
)
______________________________)

8:11CV89

PERMANENT INJUNCTION

Pursuant to the memorandum opinion entered herein this
date,
IT IS ORDERED that defendants are enjoined as follows:
1) Defendants shall immediately
cease and are hereby permanently
prohibited from representing by any
means whatsoever, directly or
indirectly, that defendants, any
products or services offered by
defendants, or any activities
undertaken by defendants are
associated, affiliated, sponsored,
or connected in any way with Home
Instead.
2) For a period of two (2) years
from the date of this order,
defendants and all other persons
under their authority or acting in
concert with defendants or on their
behalf SHALL NOT either directly or
indirectly, for themselves or
through, on behalf of, or in
conjunction with any other person,
partnership, limited liability
company, corporation, or other
entity or arrangement:
i) divert, or attempt to convert
any business or customer of any

Franchised Business (as defined in
the Franchise Agreement) to any
competitor, by direct or indirect
inducement or otherwise, or do or
perform, directly or indirectly,
any other act injurious or
prejudicial to the goodwill
associated with the Licensed Marks
and the System (as both terms are
defined in the Franchise
Agreement);
ii) own, maintain, operate,
engage in, or have any financial or
beneficial interest (including any
interest in a corporation,
partnership, limited liability
company, trust, unincorporated
association, or joint venture),
advise, assist, or make loans to
any Competitive Business (as
defined in the Franchise Agreement)
that is located within or that is
intended to be located within the
Exclusive Area (as defined in the
Franchise Agreement) granted
Franchisee or within the Exclusive
Area granted any franchisee within
the System or within a seventy-five
(75) mile radius of the premises of
the Franchised Business granted by
the Franchise Agreement or within a
seventy-five (75) mile radius of
the location of any existing HOME
INSTEAD SENIOR CARE® franchise, any
HOME INSTEAD SENIOR CARE® franchise
under construction, or any planned
HOME INSTEAD SENIOR CARE® franchise
where land has been purchased or a
lease has been executed by
Franchisor, its affiliate or any
franchisee.
DATED this 12th day of July, 2011.
BY THE COURT:
/s/ Lyle E. Strom
______________________________
LYLE E. STROM, Senior Judge
United States District Court
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