JTH Tax, LLC et al v. Cybulski et al

Filing 81

FINAL CONSENT ORDER AND JUDGMENT AGAINST DEFENDANT NAYELI CORIA ONLY:Pursuant to a settlement agreement and upon the joint motion of Plaintiff JTH Tax LLC d/b/a Liberty Tax Service ("Liberty") and Defendant Nayeli Coria ("Coria") (together, the "Parties"), the Parties have agreed to entry of this Final Consent Order and Judgment (the "Order") on the terms set forth below. The Court, having reviewed and considered this Order, hereby ORDERS as follows: 1. Co ria, and all those acting by, through or in concert with her, are permanently enjoined from directly or indirectly, accessing Libertys computer system, or otherwise possessing, misappropriating, using or disclosing Liberty's Confidential Informa tion (as defined in Liberty's Franchise Agreements - see Exhibit A to Verified Complaint); 2. Coria, and all those acting by, through or in concert with her, are permanently enjoined from directly or indirectly, tortiously interfering with Liber ty's franchise agreements with any Liberty franchisees; 3. For the avoidance of doubt, this Order applies only to Coria and does not apply to, and does not dismiss any claims against, any other Defendants in this case, including, without limita tion Defendants Michael Cybulski, MC Tax LLC, and Empire Tax Services, Inc.; 4. Pursuant to Fed. R. Civ. P. 41(a)(2), all claims in this action against Coria are hereby dismissed with prejudice; and 5. The Court shall retain jurisdiction for purposes of enforcing this Order, including the injunctive order in Paragraphs 1-4 of this Order, and over any disputes or issues arising from or in any way related to the subject matter of the Order until eighteen months following the entry of this Order. T his Order and its terms shall continue in full force and effect. 6. The Clerk of the Court is directed to close the open motion at docket entry 79. SO ORDERED. Motions terminated: 79 JOINT MOTION to Approve Consent Judgment as to Defendant Nayeli Coria. filed by JTH Tax, LLC, 73 MOTION for Default Judgment as to Defendant Nayeli Coria. filed by JTH Tax, LLC. Nayeli Coria terminated. (Signed by Judge Loretta A. Preska on 7/9/2024) (tg)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK JTH TAX, LLC d/b/a LIBERTY TAX SERVICE and SIEMPRE+ LLC Case No. 21-04716 Plaintiffs, v. MICHAEL CYBULSKI, MC TAX LLC, EMPIRE TAX SERVICE, INC. and NAYELI CORIA, Defendants. ___________________________________________/ FINAL CONSENT ORDER AND JUDGMENT AGAINST DEFENDANT NAYELI CORIA ONLY Pursuant to a settlement agreement and upon the joint motion of Plaintiff JTH Tax LLC d/b/a Liberty Tax Service (“Liberty”) and Defendant Nayeli Coria (“Coria”) (together, the “Parties”), the Parties have agreed to entry of this Final Consent Order and Judgment (the “Order”) on the terms set forth below.1 The Court, having reviewed and considered this Order, hereby ORDERS as follows: 1. Coria, and all those acting by, through or in concert with her, are permanently enjoined from directly or indirectly, accessing Liberty’s computer system, or otherwise possessing, misappropriating, using or disclosing Liberty’s Confidential Information (as defined in Liberty’s Franchise Agreements – see Exhibit A to Verified Complaint); 2. Coria, and all those acting by, through or in concert with her, are permanently enjoined from directly or indirectly, tortiously interfering with Liberty’s franchise agreements with any Liberty franchisees; The Final Consent Order and Judgment does not apply to, and does not dismiss any claims against, Defendants Michael Cybulski, MC Tax LLC, or Empire Tax Service, Inc. 1 3. For the avoidance of doubt, this Order applies only to Coria and does not apply to, and does not dismiss any claims against, any other Defendants in this case, including, without limitation Defendants Michael Cybulski, MC Tax LLC, and Empire Tax Services, Inc.; 4. Pursuant to Fed. R. Civ. P. 41(a)(2), all claims in this action against Coria are hereby dismissed with prejudice; and 5. The Court shall retain jurisdiction for purposes of enforcing this Order, including the injunctive order in Paragraphs 1-4 of this Order, and over any disputes or issues arising from or in any way related to the subject matter of the Order until eighteen months following the entry of this Order. This Order and its terms shall continue in full force and effect. 6. The Clerk of the Court is directed to close the open motion at docket entry 79. SO ORDERED on this 9th day of July, 2024 UNITED STATES DISTRICT COURT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?