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CONCORD EFS NATIONAL BANK v. RICHMOND

December 12, 2005.

CONCORD EFS NATIONAL BANK, also doing business as EFS NATIONAL BANK, a national bank, Plaintiff,
v.
CURTIS RICHMOND; an individual; and Does 1 through 10, inclusive, Defendant.



The opinion of the court was delivered by: LARRY BURNS, Judge

[PROPOSED] FINAL JUDGMENT

Plaintiff Concord EFS National Bank (hereinafter, "EFS") having filed a Complaint against defendant Curtis Richmond (hereinafter, "Richmond"), and this Court, upon due consideration of all of the evidence and pleadings herein, having entered an Order on August 8, 2005, striking Richmond's Answer and entering a default judgment, and having thereafter conducted a hearing pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure; and

  Richmond having filed an action in this Court under docket number 05-CV-1873 LAB (BLM), captioned Curtis Richmond, plaintiff vs. Judge Roger Benitez, Judge Irma Gonzales, Mag. Judge Barbara Major, Atty. Elliot Silverman, McDermott Will & Emery LLP, Concord EFS National Bank (hereinafter, the "Second Action"); and This Court having consolidated the Second Action into the above-captioned action, and upon motion of EFS having entered an order dismissing with prejudice all claims asserted by Richmond in the Second Action; it is hereby

  ORDERED, ADJUDGED AND DECREED that:

  1. Richmond, his agents, servants, employees and attorneys, and all persons in active concert and participation with him, and each of them, are permanently enjoined, restrained and prohibited from, directly or indirectly, by use of any methods, means or instrumentalities:

  (a) commencing, instituting, prosecuting or participating in any suit, action, proceeding, claim, arbitration or any other civil or criminal proceeding against EFS, or any of its parent or subsidiary corporations or successors in interest (including, but not limited to, Concord Transaction Services, LLC, CTS Holdings, LLC, Concord EFS, Inc. and First Data Corporation), or any of their officers, agents or attorneys (including, but not limited to, Elliot Silverman, Daniel Foster and McDermott Will & Emery LLP), or any of them, before any state court, federal court, Indian tribal court, arbitration forum, administrative agency, law enforcement agency or any other forum or entity, except with the prior permission of this Court as provided in paragraph 2 of this Final Judgment; or

  (b) filing, docketing, or recording any lien, UCC financing statement or encumbrance of any type or kind against any property or interests of EFS, or any of its parent or subsidiary corporations or successors in interest (including, but not limited to, Concord Transaction Services, LLC, CTS Holdings, LLC, Concord EFS, Inc. and First Data Corporation), or any of their officers, agents or attorneys (including, but not limited to, Elliot Silverman, Daniel Foster and McDermott Will & Emery LLP), or any of them; or

  (c) asserting any claim or demand, by virtue of any "notarial protest," "Notice of Acceptant to Contract," "Notice of Non-Response re Contract," or any other non-judicial mechanism, against EFS, or any of its parent or subsidiary corporations or successors in interest (including, but not limited to, Concord Transaction Services, LLC, CTS Holdings, LLC, Concord EFS, Inc. and First Data Corporation), or any of their officers, agents or attorneys (including, but not limited to, Elliot Silverman, Daniel Foster and McDermott Will & Emery LLP), or any of them; or

  (d) representing to any person that EFS, or any of its parent or subsidiary corporations or successors in interest (including, but not limited to, Concord Transaction Services, LLC, CTS Holdings, LLC, Concord EFS, Inc. and First Data Corporation), or any of their officers, agents or attorneys (including, but not limited to, Elliot Silverman, Daniel Foster and McDermott Will & Emery LLP), or any of them, (i) has entered into any contract or agreement with Richmond, (ii) has defaulted on any contract or agreement with Richmond, (iii) is subject to any claims by Richmond, or (iv) may be sued by Richmond.

  2. Before commencing or instituting any suit or proceeding covered by paragraph 1(a) of this Final Judgment, Richmond must obtain the prior permission of this Court. To seek such permission, Richmond must file a motion with the Duty Judge of this Court, under the caption of this action, upon written notice to counsel of record for EFS. Any such motion by Richmond must include, as an exhibit, a copy of this Final Judgment.

  3. Nothing in paragraph 1 of this Final Judgment shall prohibit Richmond from filing or prosecuting any appeal from this Final Judgment.

  4. IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED that:

  a declaratory judgment is hereby entered in favor of EFS, and against Richmond, on EFS's Second Cause of Action in its Complaint. This Court hereby DECLARES as follows:

  (a) Richmond has purported to assert claims against EFS on his own behalf, and on behalf of certain individuals listed on Schedule A annexed to this ...


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