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IN THE SUPERIOR COURT OF THE STATE OF WASLIINGTON
IN AND }-OR TI.IE COUNTY OF TFIURS'|ON COLTNTY
HOST AMERICT\ CORPORA'IION, a
Colorado Corporatio[
,
Plaintiff,
BRENT DAVID SIMCOSKY AI(A DAVID
BRENT SIMCOSKY,
Defendant.
llhe parties to lhis action IIEREBY STIPLq-ATE to
against defendant.
NO.07-2-01732-5
P-EIWIANENT STIPULATED
IN.IUNCTION
the following Permanent Injunction
D. Brent Simcosky
AMERICA CORPORATION
By its:
g
_", t r- it
-t
Date
siP I I
2007
BETTY J. GOIILD
lvl.Cormack In tdl leclu al Propert)' l ,a$
Busincss L,aF PS
617 Lee Slrcet
Scittle, WA 98109
206.3R r.8888
20{,.illl.1938
PERMANONT STIPULATT,D INJUNCTION
.
I
Based on the consent ofthe parties and the court,s olr.t goodjudgmen!
il is Ordered:
1. Defendant and any officers, agents, sewalts, empioyees, and attorneys, and all other
petsons in active concert and participation
with defendant who receive actual notice of
this order, are enjoined from:
interfering with plainliffs contracts or prospective
economic relations;
posting on web sites, sending letters or otherwise discussing in any way
information about plaintiff
or its Board of Directors or its employees.
vendors, channel partners or attomeys;
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4.
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c. doing any other act or thing caiculated to, rending to, or likely to unfairly
compete l\,ith the plaintiff or to unf'airly liarm the value of plaintiff
s stock;
Defendant will agree never to mention HOST again, publically,
to anyone ever again
outside his own attomeys, unless by court order; Defendant rvill noi appear or
otJrerwise participate
in any message boards or discussion foruns that are affiliated
with or that specificaily discuss HOS'I or its affiliates or successors oL assisns.
Defendant agrees to sign a Clarjfication Letter regarding misrepresentation of specific
facts about the plaintiff ar:d any iniemperate or offensive communications for which
he was responsible in the form attached to the parties settlement agreement The Ietter
will be sent to David Murphy, the Host America Board of Directors, Channei
Partners; plaintiff
may use or discuss the letter with alyone in its effort ro mitigate
any damage caused by defendant or as might othenvise be required by law.
Each side r.vill bear their own costs and attomeys, fees, except as noted.
The case wil.l be removed from the court's docket and be considered dismissed ancl
adjudicated
but the courr wili retain
jurisdiction
for enforcement ofthis injunction and.
any
judgment
that mighl be filed pursrlant to the parties settlemeflt agreement; counsel
for plaintiffwill
retain subpoena power for compliance purposes;
If this injunction is violated, upon a good cause showing to rhe court, the {bllorving
sanctions against the defendant
r,vill
be imposed:
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PERlVIANENT STIPULATED TNIUNCTION -2 ivlccormack Intcllectual Properq, Lsrv
Business Lirlv PS
617 Lee Street
Seanle, WA 98109
206.18t.8888
206.i8r. r988
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b.
c.
d.
Payment
of attorneys' fees and costs for any follow-up enforcement
aclion;
Surrender
ofany and all personal
computers;
Agreement to rlot use the Intemet for t0 years,
unless for work; and
Damages in the amount of$250,000 and
$25,000 in attomeys' fees (in
form of consent judgment).
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This order shall go
this Court.
into effect immediately and shalt remain in effecL until funhet order ol
{
ANNE
HIRSCH
SIIPERIOR COT]RT ruDGE
Presented
by:
Timothy B. McCormack,
WSBA # 28074
McCormack lntellectual
property
Law
Business Law PS
617 Lee St.
Seattle, WA 98109
p. 206.38 1.8888/ 1'. 206.38 1-1988
tim@McCormacklesal.
com
D. Brent Simcosky
Date
Date
PERMANENT
STIPULATED
'VUNCTION
-3 Mccormack Intellcctual Propcty Law
Business Lsrv PS
617 Lee Street
seqttlg wA 98109
206.381.8888