Brown v. Sunrise Expeditions Int'l

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STATE OF MAINE PENOBSCOT, SS . SUPERIOR COURT CIVIL ACTION NO.: CV-06-123 /s 4 l V \ - r l f f l - - ' ?)7 MARTIN BROWN, I , 4 and NORTHERN LOGISTICS, LLC, PLAINTIFFS AND DEFENDANTS-INCOUNTERCLAIM JUDGMENT SUNRISE EXPEDITIONS INTERNATIONAL, LLC, KENT H. SEELY, and DENNIS E. JACOBS, DEFENDANTS AND PLAINTIFFS-INCOUNTERCLAIM Hearing having been had on Plaintiff's Request for a Hearing on Damages, on March 27, 2007; the Court hereby orders judgment be entered against the Defendants as follows: As to Count I of the complaint: judgment for Plaintiffs in the amount of $2,105.00 against Sunrise Expeditions International, LLC . As to Count I1 of the complaint: judgment for Plaintiffs in the amount of $11,900 against Sunrise Expeditions International LLC. As to Count I11 and Count V of the complaint: judgment for the Plaintiffs in the amount of $ 16, z<obo0 against Sunrise Expeditions International, LLC. The Court ORDERS that Sunrise Expeditions International LLC is hereby permanently enjoined from using Plaintiffs' images in any manner. As to Count IV of the complaint: judgment for the Plaintiffs in the amount of $ <~Oboo against Sunrise Expeditions International, LLC. The Court ORDERS that Sunrise Expeditions International, LLC is hereby permanently enjoined from using Plaintiffs' images including images in any calender in any manner. As to Count VI and Count VII of the complaint: judgment for Plaintiffs in the amount of $5612.50, plus attorneys fees as hereinafter set forth, jointly and severally, against Defendant Kent Seely and Defendant Dennis Jacobs. As to Count VIII and Count IX of the complaint: The Court declares that as a result of Defendant Kent Seely's and Defendant Dennis Jacobs' default under the Pledge and Assignment Agreement identified in the complaint, Plaintiff Martin Brown is free to exercise any and all of the rights he has pursuant to such Agreement which rights include but are not limited to, the right to vote any or all of the Defendants' stock interest in Sunrise Expeditions International LLC, to sell or assign any or all of Defendants' interest or ownership in Sunrise Expeditions International LLC; to cause all or any part of Defendants' interest in Sunrise Expeditions International LLC be conveyed or transferred to Martin Brown or Northern Logistics LLC or to their nominees. As to Count X of the complaint: The Court declares that Plaintiff Martin Brown is free from any non-competition restraints contained in any agreements with the Defendants not to compete with them. He is hereby free to compete with the Defendants. The Court finds that Plaintiffs have incurred $ Z L ) ~ ~ L ( ~ in " attorney fees for which the Defendants are liable. Therefore, the Court ORDERS judgment, jointly and severally, against each of the Defendants in the amount of $ LC\ I 6 ~ 7 . 5 ) As to the Amended complaint: the Court finds the Plaintiff Martin Brown has been damaged in that the Defendants Seely and Jacobs caused Martin Brown's ownership interest in Sunrise Expeditions International LLC to become, in all practicality, worthless. Judgment for Martin Brown against Defendants Seely and Jacobs in the amount of $18,750.00. Plaintiffs are also awarded interest and costs against the Defendants. 2007 Dated: ce, Superior Court MAINE J U D I C I A L INFORMATION SYSTEM ksrnit h rnj x x i 0 1 3 PENOBSCOT COUNTY SUPERIOR COURT PAGE A - ATTORNEY BY CASE VIEW MARTIN BROWN ET AL VS SLINRISE EXPEDITIONS INTERNATIONAL LLC ET AL CASE # : B A N K - C V - 2 0 0 6 - 0 0 1 2 3 UTN: AOCSsr - 2 0 0 6 - 0 0 6 5 5 3 1 04/03/2007 ................................................................................ SEL VD REPRESENTATION TYPE 01 0 0 0 0 0 0 0 3 9 3 ATTORNEY:COUGHLIN, EUGENE ADDR:23 WATER STREET PO BOX 919 BANGOR ME 0 4 4 0 2 - 0 9 1 9 F F0R:MARTIN BROWN PL RTND F F0R:NORTHERN LOGISTICS LLC PL RTND 0 2 0 0 0 0 0 0 6 8 9 9 ATTORNEY:DOANE, DATE 01/31/2007 01/31/2007 WAYNE ADDR:PO BOX 60 EXETER ME 04435 F F0R:SlINRISE EXPEDITIONS INTERNATIONAL LLC F F0R:KENT H SEELY FCC&r\fi/st &c & c. *More A t t o r n e y s * E n t e r O p t i o n : A=Add, B+Sel=Browse, S e l e c t t h e E X I T KEY f o r p a g e s e l e c t i o n l i n e . DEF DEF RTND RTND 03/20/2007 83/28/2007 M=More, R + S e l = R l t n E d i t : M

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