ripoff report v. pissedconsumer - injunction

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  • 7/31/2019 Ripoff Report v. PissedConsumer - Injunction

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    UNITED STATES DISTRICT COURT

    DISTRICT OF ARIZONA

    XCENTRIC VENTURES, L.L.C., anArizona limited liability company,

    Plaintiff,

    v.

    OPINION CORP. d/b/a PISSEDCONSUMER, a New York corporation;FORTRESS ITX, L.L.C., a New Jerseycorporation; DOES 1-10, inclusive,

    Defendant.

    Case No.: CV 08-1841-PHX-JAT

    ORDER OF DISMISSAL WITHPREJUDICE AND PERMANENTINJUNCTION

    Plaintiff XCENTRIC VENTURES, L.LC., an Arizona limited liability compan

    (Xcentric), Defendant OPINION CORP., d/b/a PISSED CONSUMER (Opinio

    Corp,), a New York corporation, having submitted a signed Stipulation agreeing t

    dismissal of all claims in this case and the entry of the following final injunction, and

    good cause appearing therefor (Doc. #9);

    IT IS ORDERED that, pursuant to 17 U.S.C. 502 and Rule 65 Fed. R. Civ. P.

    Opinion Corp., and to the extent applicable, its respective officers, directors, agents

    servants, employees, attorneys, representatives, related companies, successors, assign

    and all others under its supervision and control, at its request or in active concert o

    participation with it who receive actual notice of this Stipulation by personal service o

    otherwise, and each of them, are from the date of this Stipulation permanently enjoined

    from any infringement of Xcentrics copyright protected works in any manner on th

    Case 2:08-cv-01841-JAT Document 10 Filed 12/04/08 Page 1 of 2

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    website Pissed Consumer.com, or any other websites owned or operated by Opinion Corp

    or its principals.

    IT IS FURTHER ORDERED that with regard to any claims, controversies o

    disputes arising out of or relating to this final injunction, either party may bring an action

    in this Court, and only in this Court, to resolve any claims, controversies or dispute

    arising out of or relating to this final injunction. The prevailing party in that action will b

    entitled to recover all of their costs and expenses, including reasonable attorneys fees

    which may arise or accrue from that action.

    IT IS FURTHER ORDERED dismissing with prejudice all claims, causes of

    action, counterclaims, and cross-claims that the parties have asserted, or could have been

    asserted, against each other in this matter, each side to bear their own attorneys fees and

    costs (all pending motions are denied as moot).

    IT IS FURTHER ORDERED that the Court retains jurisdiction for the purpose of

    enforcement of this Order.

    IT IS FURTHER ORDERED that counsel for the Plaintiff shall send a copy of

    this Order to counsel for the Defendants because counsel has not filed an appearance in

    this case.

    Dated this 3rd day of December, 2008.

    Case 2:08-cv-01841-JAT Document 10 Filed 12/04/08 Page 2 of 2