Home Instead v. LeMaire et al
| Home Instead |
| Raegan LeMaire and LeMaire Enterprises, LLC |
| 8:2011cv00089 |
| March 10, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Lyle E. Strom |
| F.A. Gossett |
| Contract: Franchise |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
17
PERMANENT INJUNCTION - Pursuant to the memorandum opinion 16 entered herein this date, IT IS ORDERED that defendants are enjoined as follows: 1) Defendants shall immediately cease and are hereby permanently prohibited from representing by any means whatsoever, directly or indirectly, that defendants, any products or services offered by defendants, or any activities undertaken by defendants are associated, affiliated, sponsored, or connected in any way with Home Instead. 2) For a period of two (2) years from the date of this order, defendants and all other persons under their authority or acting in concert with defendants or on their behalf SHALL NOT either directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership, limited liability company, corporation, or other entity or arrangement: i) divert, or attempt to convert any business or customer of any Franchised Business (as defined in the Franchise Agreement) to any competitor , by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Licensed Marks and the System (as both terms are defined in the Franchise Agreement) ; ii) own, maintain, operate, engage in, or have any financial or beneficial interest (including any interest in a corporation, partnership, limited liability company, trust, unincorporated association, or joint venture), advise, assist, or make loan s to any Competitive Business (as defined in the Franchise Agreement) that is located within or that is intended to be located within the Exclusive Area (as defined in the Franchise Agreement) granted Franchisee or within the Exclusive Area granted a ny franchisee within the System or within a seventy-five (75) mile radius of the premises of the Franchised Business granted by the Franchise Agreement or within a seventy-five (75) mile radius of the location of any existing HOME INSTEAD SENIOR CARE franchise, any HOME INSTEAD SENIOR CARE franchise under construction, or any planned HOME INSTEAD SENIOR CARE franchise where land has been purchased or a lease has been executed by Franchisor, its affiliate or any franchisee. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to defendants)(TCL )
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