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Metropolitan Fire Protection v. Metropolitan Fire Protection

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 2, 2011

METROPOLITAN FIRE PROTECTION,
CO., INC.,
PLAINTIFF,
v.
METROPOLITAN FIRE PROTECTION,
INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 1st day of March, 2011, pursuant to the entry of Default Judgment, dated March 1, 2011, and upon notice and after a hearing on Plaintiff's motion for Default Judgment it is hereby ORDERED that said motion is GRANTED.*fn1 With the entry of these default judgments it is FURTHER ORDERED that:

1) Defendants, Metropolitan Fire Protection, Inc. a Maryland Corporation, Carlos Antonio Fleming, and/or any other business enterprise owned, managed or associated with Carlos Antonio Fleming is hereby ENJOINED, BARRED and PROHIBITED from: operating, advertising, managing or otherwise conducting business within the jurisdictional limits of the Commonwealth of Pennsylvania under the name "Metropolitan Fire Protection" and/or any other business name incorporating, suggesting or otherwise identifying themselves with any name that includes the words or terms "Met," "Metro," and/or "Metropolitan."

2) Defendants, Metropolitan Fire Protection, Inc. a Maryland Corporation, Carlos Antonio Fleming, and/or any other business enterprise owned, managed or associated with Carlos Antonio Fleming shall within ten (10) days of this Order provide to Plaintiff copies of any and all advertisements, mailings, emails, pamphlets or any other business solicitation they have undertaken, delivered or purchased within the jurisdictional limits of the Commonwealth of Pennsylvania.

3) Defendants, Metropolitan Fire Protection, Inc. a Maryland Corporation, Carlos Antonio Fleming, and/or any other business enterprise owned, managed or associated with Carlos Antonio Fleming shall within ten (10) days of this Order provide Plaintiff with a list of all customers or potential customers they have contacted within the jurisdictional limits of the Commonwealth of Pennsylvania.

4) Defendants, Metropolitan Fire Protection, Inc. a Maryland Corporation, Carlos Antonio Fleming, and/or any other business enterprise owned, managed or associated with Carlos Antonio Fleming shall within ten (10) days of this Order provide Plaintiff a full, complete and meaningful list of all projects, jobs, consultations or any other form of business service provided, scheduled to be provided, or bid within the jurisdictional limits of the Commonwealth of Pennsylvania.

It is FURTHER ORDERED that Defendants' conduct constitutes an "exceptional case" under 15 U.S.C. §1117(a) such that Plaintiff is entitled to recovery from Defendants its reasonable attorney fees incurred because of Defendants' culpable conduct. Plaintiff's attorney shall file with this Court within 20 days of this Order an affidavit attesting to the total attorney fees and costs incurred by Plaintiff as a result of Defendants' conduct, including, pre-lawsuit notices and activities and the fees and costs associated with the instant litigation.*fn2

It is FURTHER ORDERED that an assessment of damages hearing to consider other damages sustained by Plaintiff shall be scheduled for this matter upon the written request of Plaintiff.*fn3

AND IT IS SO ORDERED.

Defendants shall have ten (10) days to object to the amount of attorney fees.

The Court shall retain jurisdiction to enforce this order and to award damages including net profits, if appropriate.


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