PSI Services LLC v. Johnson

Filing 17

CONSENT ORDER GRANTING PRELIMINARY INJUNCTION: The bond provided for in Paragraph 3 of 9 Temporary Restraining Order shall be reduced to $1,000 during the pendency of this Order. (See order for further details.) Signed by District Judge Martin Reidinger on 10/21/2015. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:15-cv-00202-MR

:
PSI SERVICES LLC,
:
:
Plaintiff,
:
:
vs.
:
:
JULIUS J. JOHNSON
:
(d/b/a CONTRACTORS SEMINARS), :
:
Defendant.
:
:

CONSENT ORDER GRANTING
PRELIMINARY INJUNCTION

THIS MATTER is before the Court on the agreement of Plaintiff PSI
Services LLC’s (“PSI”) and Defendant Julius J. Johnson d/b/a Contractors
Seminars (“Mr. Johnson”) as to PSI’s pending Motion for Ex Parte Temporary
Restraining Order and for Preliminary Injunction [Doc. 3]. Pending final
resolution of this lawsuit, subsequent agreement of the parties or
modification of this Order by the Court upon motion by either party, IT IS
THEREFORE ORDERED as follows:
1.

Mr. Johnson, including his agents, servants, employees,

attorneys, and anyone active concert or participation with him, is enjoined
from further copying, duplicating, distributing, displaying, advertising, selling,

DMEAST #23086922 v1

adapting, publishing, reproducing, preparing derivative works based on,
renting, leasing, offering or otherwise transferring or communicating in any
manner, orally or in written, printed, audio, electronic, photographic,
machine-readable, or other form, including but not limited to any publication
on the Internet, or in written or downloadable electronic materials, any PSI
examination delivered by PSI either at its testing centers or through any other
delivery channel (“PSI Examination”), or any materials substantially similar
thereto, including but not limited to, PSI’s copyrighted National Commercial
Building Contractor Examination;
2.

Mr. Johnson, including his agents, servants, employees,

attorneys, and anyone active concert or participation with him, is enjoined
from registering for or taking any PSI Examination during the pendency of
this litigation.
3.

Mr. Johnson’s seminars, including but not limited to seminars

relating to the National Commercial Building Examination, however and
wherever conducted (orally, audio, electronic, video, webcast or otherwise),
shall be open to a pre-designated representative of PSI at no charge.
Further, Mr. Johnson agrees to take reasonable efforts to allow PSI’s predesignated

representative

to

attend

www.gotomeeting.com.

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such

seminars

via

4.

To the extent that Mr. Johnson continues to maintain a website

for or relating to the business of Contractors Seminars, whether the existing
website (www.contractorsseminars.com) or any new website, Mr. Johnson
shall continue to allow PSI’s investigator, or any other person designated by
PSI, access to the website, and all materials thereon created by or for Mr.
Johnson relating to the business shall remain open and accessible to PSI for
the purpose of monitoring compliance with this Order.

Subject to the

limitations of this Order, Mr. Johnson shall remain free to modify the website
and materials thereon, but PSI shall continue to have access to the same
portions of the website and materials (provided the materials are still on the
website) to which it has had access since the entry of the September 12,
2015 Order Granting Motion for Ex Parte Temporary Restraining Order in
this case [Doc. 9] (the “Temporary Restraining Order”).
5.

Prior to selling or providing course materials produced by or for

Mr. Johnson for his seminar participants, including any updates or additional
modifications to the course materials that have been reviewed and approved
by PSI subsequent to the entry of the Temporary Restraining Order as
provided for in Paragraph 6 below, Mr. Johnson shall submit said course
materials for PSI’s review. Upon receipt of any such materials, including any
other information that Mr. Johnson may submit for PSI’s review, PSI agrees

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to review the course materials/information and report any good faith
objections regarding the content through counsel within a reasonable time
period so as to prevent disruption of Mr. Johnson’s seminars and business.
The parties agree that fourteen (14) days should provide a reasonable
amount of time for PSI to review the course materials/information and
respond back to Mr. Johnson.
6.

If, after its review, PSI believes in good faith that Mr. Johnson’s

use of any such future course materials, or other information submitted for
review as referred to in Paragraphs 3, 4 and 5 above, would be in violation
of any copyright of PSI, as alleged in the Complaint in this action, PSI agrees
to promptly communicate to Mr. Johnson, whether directly and/or through
counsel, the specific information that PSI believes is in violation of its rights
so as to ensure Mr. Johnson is aware of the objectionable information and
can avoid the use of same, attempt to obtain PSI’s agreement that the
material is not objectionable, or seek relief from the Court by motion.
7.

Prior to the entry of this Order, PSI has reviewed draft modified

course materials, content and other information voluntarily provided by Mr.
Johnson after the entry of the Temporary Restraining Order for use in his
business going forward. Except as otherwise specifically communicated in
writing to Mr. Johnson through counsel prior to the execution of this Order,

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PSI agrees that the draft modified materials and information provided prior
to the execution of this Order do not violate any right or claim of PSI as
asserted in the Complaint, and it is agreed that use by Mr. Johnson of said
materials and information after the entry of this Order shall not constitute a
violation of any provision of this Order. This provision is not intended to
prevent further future modifications by Mr. Johnson to his course materials
and information, subject to the terms and conditions of this Order.
8.

As provided for in Paragraph 2 of the Temporary Restraining

Order, Mr. Johnson shall continue to take all steps necessary to preserve all
business records for the past five (5) years relating to the National
Commercial Building Examination, specifically including, but not limited to,
the following categories of business records: (a) any materials or documents
that include any part of PSI’s National Commercial Building Examination, or
any materials substantively similar thereto; (b) any materials or documents
derived from the National Commercial Building Contractor Examination; (c)
all test preparation course instruction materials; (d) all online seminar
materials; (e) all sample tests and sample questions; (f) all financial records;
(g) all records relating to the registration for, or taking of, the National
Commercial Building Examination by Mr. Johnson or anyone else acting at
his direction or providing information to him; (h) all communications

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concerning the disclosure of questions appearing on the National
Commercial Building Contractor Examination; and (i) all photographs related
to the foregoing.
9.

The bond provided for in Paragraph 3 of the Temporary

Restraining Order shall be reduced to $1,000 during the pendency of this
Order.
10.

The parties agree that nothing contained in this consent Order is

intended to, or should be construed as, an acknowledgment of liability or
admission to any of the allegations set forth in the Complaint, and Mr.
Johnson and PSI specifically reserve their respective rights, claims, and/or
defenses that said parties have or may have in this matter.

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THE VAN WINKLE LAW FIRM

ADAMS HENDON CARSON CROW &
SAENGER, P.A.

s/Larry S. McDevitt
Larry S. McDevitt, N.C. Bar No. 5032
David M. Wilkerson, N.C. Bar No.
35742
11 North Market Street
Asheville, North Carolina 28801
Telephone: [phone]
[e-mail]
[e-mail]

s/E. Thomison Holman
E. Thomison Holman, N.C. Bar
No. 19380
72 Patton Avenue
Asheville, North Carolina 28801
Telephone: [phone]
[e-mail]

Attorneys for Plaintiff,
PSI Services LLC

Attorneys for Defendant,
Julius J. Johnson (d/b/a
Contractors Seminars)

OF COUNSEL:
Hara K. Jacobs
Thomas W. Hazlett
BALLARD SPAHR LLP
1735 Market Street, 51st Floor
Philadelphia, Pennsylvania 191037599
Telephone: [phone]
Facsimile: 215.864.8999
[e-mail]
[e-mail]
IT IS SO ORDERED.
Signed: October 21, 2015

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