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Budget Blinds, Inc. v. Carlin

March 19, 2010

BUDGET BLINDS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
JUAN CARLOS CARLIN, AN INDIVIDUAL; AND DOES 1-10, DEFENDANT.



The opinion of the court was delivered by: Honorable James V. Selna United States District Judge

Honorable James V. Selna

STIPULATED JUDGMENT AND ORDER

Plaintiff BUDGET BLINDS, INC. ("BBI") commenced this action by filing the Complaint and serving Defendant JUAN CARLOS CARLIN ("Carlin") with the Summons and Complaint. The parties whose names appear hereafter, have agreed to settlement of this action without adjudication of any issue of fact or law, and without Carlin admitting to any contested issues of fact or to liability for any of the violations alleged in the Complaint.

THEREFORE, on the joint motion of BBI and Carlin, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

FINDINGS

1. The United States District Court has subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1332 and 1441(b). Specifically, this is a civil case between citizens of different states and the matter in controversy exceeds the sum of $75,000, exclusive of interest and costs.

2. Venue is proper in the Central District of California because the operative agreement between BBI and Carlin specifically provides that this Court is the proper venue for any action arising under the parties' agreement.

3. The Complaint states a claim upon which relief may be granted against Carlin for Breach of Written Contract- License Agreement, Breach of Written Contract -- Promissory Note, Service Mark Infringement -- 15 U.S.C. § 1114, False Designation/Unfair Competition -- 15 U.S.C. § 1125(A), Unfair Business Practices, Unjust Enrichment, Accounting, and Injunctive Relief.

4. Carlin has entered into this Stipulated Judgment and Order ("Order") freely and without coercion. Carlin further acknowledges that he has read the provisions of this Order and is prepared to abide by them.

5. BBI and Carlin hereby waive all rights to appeal or otherwise challenge or contest the validity of this Order.

ORDER

I. COMPLIANCE WITH THE NON-COMPETITION PROVISION OF THE LICENSE AGREEMENT

IT IS ORDERED, ADJUDGED AND DECREED that Carlin shall represent and warrant that he has discontinued any and all businesses in competition with BBI or any of BBI's franchised businesses, and agrees to not directly, or indirectly, for himself, or through, on behalf of or in conjunction with any other person, for a continuously uninterrupted period of two years, beginning on January 1, 2010, own, maintain, operate, engage in, or have any financial or beneficial interest in (including any interest in corporations, partnerships, trusts, unincorporated associations or joint ventures), advise, assist, or make loans to, any competitor that is, or is intended to be, located within a 25 mile radius the Budget BlindsĀ® Licensed territory identified in the license agreement as zip codes 78040, 78041, 78043, 78067, 78076, 78344 and 78369, all within the State of Texas (the "Budget Blinds Licensed Territory"), or of any Budget BlindsĀ® business in existence as of the date of execution of this Order. The term "competitor" shall include, by way of illustration without limiting ...


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