ITS Financial, LLC v. Dietz et al, No. 3:2008cv00328 - Document 94 (S.D. Ohio 2009)
Court Description: ENTRY GRANTING MOTION TO DISMISS CLAIMS; AGREED TEMPORARY AND PERMANENT INJUNCTION AGAINST DEFENDANT DIETZ - Upon oral motion the Plaintiff, ITS Financial, LLC, and Defendants Blaise Dietz and Target Financial, LLC, the Court hereby dismisses with pr ejudice the Plaintiff's claims against Defendant Dietz and Target except to the extent of the injunctive relief granted. Further, on said motion, the Court hereby dismisses with prejudice the Defendants Dietz' and Target's counterclaim against the Plaintiff and the Court also dismisses with prejudice Dietz' and Target's third-party complaint against Jeff Herr, Nolan Marx and Fesum Ogbazion. Nothing in this entry shall affect the claims against Defendant Nolte. Signed by Magistrate Judge Michael R Merz on 2/17/2009. (kopf1, ) Modified on 2/19/2009 (phil1, ).
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ITS Financial, LLC v. Dietz et al Doc. 94 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON ITS FINANCIAL, LLC, Plaintiff, : Case No. 3:08-cv-328 -vs- Magistrate Judge Michael R. Merz : BLAISE DIETZ, et al., Defendants. ENTRY GRANTING MOTION TO DISMISS CLAIMS; AGREED TEMPORARY AND PERMANENT INJUNCTION AGAINST DEFENDANT DIETZ Upon oral motion the Plaintiff, ITS Financial, LLC, and Defendants Blaise Dietz and Target Financial, LLC, the Court hereby dismisses with prejudice the Plaintiff’s claims against Defendant Dietz and Target except to the extent of the injunctive relief granted hereinafter. Further, on said motion, the Court hereby dismisses with prejudice the Defendants Dietz’s and Target’s counterclaim against the Plaintiff and the Court also dismisses with prejudice Dietz’ and Target’s third-party complaint against Jeff Herr, Nolan Marx and Fesum Ogbazion. Nothing in this entry shall affect the claims against Defendant Nolte. Further, by agreement of the parties and for good cause shown, the Court hereby grants a permanent injunction against Blaise Dietz and Target prohibiting Blaise Dietz or Target from directly or indirectly using any of the Plaintiff’s mapping data, marketing or advertising data or customer or franchisee lists for any reason or at any time. Further, by agreement of the parties and for good cause shown, the Court hereby grants a temporary injunction against Blaise Dietz and Target prohibiting Blaise Dietz and Target from 1 Dockets.Justia.com directly or indirectly (i) providing tax preparation services to any individual who is not a member of Dietz’s family, (ii) franchising systems to operate a tax preparation business, (iii) licensing a business or individual to operate a tax preparation business, (iv) owning a tax preparation business, (v) selling business opportunities to operate a tax preparation business, or (vi) having any ownership in a company that sells business opportunities to operate a tax preparation business, until November 30, 2010, in any state in which the plaintiff currently operates or does business. For clarity a list of states in the plaintiff operates or does business is attached as Exhibit B. These restrictions shall not preclude Dietz from owning shares of stock in a publicly traded company that performs or provides tax preparation services so long as Dietz’s aggregate ownership is not greater than 5% of the total shares of stock of that entity and shall not restrict Dietz from being employed by a bank, mortgage lending, financial services, or marketing services company that provides services to any company described above. Further, the Court hereby orders Blaise Dietz to shut down TARGET website of targettaxpreparation.com forthwith. Except as provided for in the Settlement Agreement among the Parties, the Court hereby orders, that all deposition transcripts, exhibits and transcripts of testimony are subject to the existing protective order and will be kept under seal. The Court retains jurisdiction to enforce the injunctive relief granted in this Entry. February 17, 2009. s/ Michael R. Merz United States Magistrate Judge 2 Approved: /s/ T. Andrew Vollmar T. Andrew Vollmar (OH64033) Brian R. Redden Wayne E. Waite (OH008352) BECKMAN WEIL SHEPARDSON LLC Jason S. Morgan (OH78865) 300 Pike Street, Suite 400 Amy K. Burma (OH81124) Cincinnati, OH 45202 FREUND, FREEZE & ARNOLD Phone: 513-621-2100 One Dayton Centre Fax: 513-621-0106 1 South Main Street, Suite 1800 Dayton, OH 45402-2017 bredden@beckman-weil.com Attorney for Defendants Blaise Dietz and Target Phone: (937) 222-2424 Finanacial, LLC Fax: (937) 222-5369 Email: avollmar@ffalaw.com Attorneys for Plaintiff, ITS Financial, LLC /s/Brian R. Redden 3 EXHIBIT B Alabama Arizona Arkansas California Colorado Connecticut District of Columbia Florida Georgia Illinois Indiana Kansas Kentucky Maryland Massachusetts Michigan Mississippi Missouri Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina Ohio Oklahoma Pennsylvania Rhode Island South Carolina Tennessee Texas Virginia Washington West Virginia Wisconsin 4
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