BrightStar Franchising, LLC v. Northern Nevada Care, Inc. et al
| BrightStar Franchising, LLC |
| Northern Nevada Care, Inc., Stephen H. Neff and Teresa R. Neff |
| 1:2017cv09213 |
| December 21, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Lake |
| Virginia M. Kendall |
| Franchise |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
170
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 2/11/2020. BrightStar's Motion for Summary Judgment 141 is granted. BrightStar is awarded its attorneys' fees and costs as provided in the Franchise Agreement. D efendants are hereby ordered to:1. refrain, for a period beginning upon entry of this permanent injunction order and ending 18 months later,5 from owning, managing, operating, engaging in, or having any interest in any business that provides (a) supp lemental healthcare staff to institutional clients, such as hospitals, nursing homes and clinics, or (b) comprehensive care, including medical and non-medical services, to private duty clients within their home, within the following ZIP Codes: 89403, 89406, 89408, 89410, 89413, 89415, 89420, 89423, 89427, 89429, 89430, 89444, 89447, 89460, 89701, 89703, 89704, 89705, and 89706, or within 25 miles of any BrightStar agency (whether franchised or owned by BrightStar or its affiliates);2. refrain, f or a period beginning upon entry of this permanent injunction order and ending 18 months later,6 from soliciting business from customers of NNC's former Agency or from any National Accounts;3. cease using the telephone number 775-461-3696 and al l other telephone numbers and listings used in connection with the operation of Defendants' former BrightStar Agency;4. refrain from using any Confidential Information for any purposes;5. return to BrightStar the Confidential Information, and al l trade secrets, confidential materials, and other property owned by BrightStar; 6. file with the Court and serve upon BrightStar and its counsel within ten (10) days after entry of the permanent injunction, a written report, under oath, setting forth in detail the manner in which Defendants have complied with such permanent injunction. See Opinion for further details. Mailed notice(lk, )
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Filing
112
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 1/15/2019. BrightStar's Motion for Rule to Show Cause 84 is granted. The Court finds Defendants in civil contempt. Defendants must file a status report consistent with the Court's direction by January 23, 2019. The Court also awards Plaintiff reasonable attorneys' fees and costs incurred in the rule to show cause and contempt proceedings. Finally, Defendants' Motion for Reconsideration 91 is denied. Mailed notice(lk, )
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Filing
67
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 9/4/2018. Plaintiff BrightStar Franchising LLC's Motion for Preliminary Injunction 11 is granted. Defendants are hereby ordered (1) to immediately refrain from owning , managing, operating, engaging in, or having any interest in any business that provides (a) supplemental healthcare staff to institutional clients, such as hospitals, nursing homes and clinics, or (b) comprehensive care, including medical and non -medical services, to private duty clients within their home, within the following ZIP Codes: 89403, 89406, 89408, 89410, 89413, 89415, 89420, 89423, 89427, 89429, 89430, 89444, 89447, 89460, 89701, 89703, 89704, 89705, and 89706 or within 25 miles of the BrightStar franchised Agency located at 241 Ridge Street, Reno, Nevada and to continue refraining for a period of 18 months from the date that such refraining begins; (2) to immediately refrain from soliciting business from customers of NNC&# 039;s former Agency or from any National Accounts and to continue refraining for a period of 18 months from the date that such refraining begins; (3) to immediately cease using the telephone number 775-461-3696 and all other telephone numbers and listings used in connection with the operation of Defendants' former BrightStar Agency and to take all steps necessary to assign to BrightStar or its designee the telephone number 775-461-3696 and all of other telephone numbers used in connec tion with the operation of their former BrightStar Agency; (4) to immediately refrain from using any Confidential Information for any purposes; (5) to immediately return to BrightStar the Confidential Information, and all trade secrets, confidentia l materials, and other property owned by BrightStar; (6) to immediately provide BrightStar a complete list of NNC's employees, clients, and contacts and their respective addresses and any outstanding obligations NNC may have to any third part ies; and (7) to file with the Court and serve upon BrightStar and its counsel within ten days after entry of the preliminary injunction, a written report, under oath, setting forth in detail the manner in which Defendants have complied with such injunction. Furthermore, Plaintiff's Motions to Compel Arbitration of the claims in the Nevada Complaint and NNC's counterclaims 37 and 55 are also granted. Mailed notice(lk, )
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