Filed: Jul. 22, 2015
Latest Update: Jul. 22, 2015
Summary: ORDER ROBERT E. BLACKBURN , District Judge . The matter before the court is the parties' Joint Motion for Confirmation of Arbitration Award and Entry of Stipulated Permanent Injunction [#34], 1 filed July 17, 2015. Having reviewed the motion and the file, the court finds that the motion is well-taken and should be granted. THEREFORE IT IS ORDERED that the Stipulated Permanent Injunction [#34-1], entered by the arbitrator in the underlying arbitration proceeding on July 10, 2015, a co
Summary: ORDER ROBERT E. BLACKBURN , District Judge . The matter before the court is the parties' Joint Motion for Confirmation of Arbitration Award and Entry of Stipulated Permanent Injunction [#34], 1 filed July 17, 2015. Having reviewed the motion and the file, the court finds that the motion is well-taken and should be granted. THEREFORE IT IS ORDERED that the Stipulated Permanent Injunction [#34-1], entered by the arbitrator in the underlying arbitration proceeding on July 10, 2015, a cop..
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ORDER
ROBERT E. BLACKBURN, District Judge.
The matter before the court is the parties' Joint Motion for Confirmation of Arbitration Award and Entry of Stipulated Permanent Injunction [#34],1 filed July 17, 2015. Having reviewed the motion and the file, the court finds that the motion is well-taken and should be granted.
THEREFORE IT IS ORDERED that the Stipulated Permanent Injunction [#34-1], entered by the arbitrator in the underlying arbitration proceeding on July 10, 2015, a copy of which is attached to this Order, is confirmed and entered as an order of this court.
AMERICAN ARBITRATION ASSOCIATION
Case Number 01-15-0002-5381
FITNESS TOGETHER FRANCHISE CORPORATION,
Claimant,
v.
PIRANIO FITNESS SYSTEMS, INC.,
PETER PIRANIO, and
ANNETTE PIRANIO,
Respondents.
STIPULATED PERMANENT INJUNCTION AWARD
The parties to this proceeding, Claimant Fitness Together Franchise Corporation ("Fitness Together") and Respondents Peter Piranio, Annette Piranio and Piranio Fitness Systems, Inc. (collectively "Respondents") (Fitness Together and Respondents are collectively referred to as "Parties") have stipulated to the entry of a permanent injunction award in connection with a confidential settlement reached between the Parties resolving all claims between them. Accordingly, the Parties request the Arbitrator enter the following permanent injunction as an Award in this matter.
The parties have agreed and stipulated to the entry of the following relief:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Respondents, their agents, servants, and employees, and those persons in active concert or participation with them are enjoined from and/or required to: (i) cease identifying themselves as a franchisee of the Franchise System,1 cease using any of the Marks and Proprietary Assets or any confusingly similar names, marks, systems, insignia, symbols or other procedures or methods, cease using or operating (or take any action that may be required to disable) the Studio Website and any other websites, including social media websites, related to the Studios, and cease doing anything that would indicate any relationship between Respondent and Fitness Together; (ii) return to Fitness Together the Operations Manual and all other manuals, plans, specifications, designs, records, data samples, models, programs, materials, handbooks, drawings and other materials provided to them by Fitness Together; and (iii) take any and all necessary steps to disconnect or transfer to Claimant all telephone numbers, fax numbers, domain names, and client list associated with Respondents' former franchises.
2. Respondents are hereby enjoined and prohibited from:
a. Operating a competing fitness studio within a three (3) mile radius of WI-002, WI-004 and WI-007 for a period of two (2) years;
b. Operating a competing fitness studio within an 8 mile radius of WI-005, for a period of one (1) year; and
c. Operating a competing fitness studio within a three (3) miles radius of any currently existing Fitness Together Studio for a period of two (2) years.
SO ORDERED.
