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Huntington Learning Centers, Inc. v. Kearns-Jones

United States District Court, W.D. Pennsylvania, Pittsburgh.

December 14, 2017

HUNTINGTON LEARNING CENTERS, INC., Plaintiff,
v.
BARBARA KEARNS-JONES and ATHENA EDUCATES, LLC, Defendants,

          MEMORANDUM ORDER

          David Stewart Cercone Senior United States District Judge

         This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.

         On September 19, 2017, Plaintiff Huntington Learning Center, Inc. filed a motion for j preliminary and permanent injunction [ECF No. 6] on September 19, 2017, and subsequently filed a motion for default judgment [ECF No. 31 ] against Defendants Barbara Kearns-Jones and Athena j Educates, LLC. A hearing was held on both matters on October 25, 2017. See ECF No. 36.

         Defendants did not appear at the hearing. j On November 7, 2017, the magistrate judge issued a Report and Recommendation as to Plaintiffs motion for preliminary and permanent injunction recommending that Plaintiffs motion j be granted and setting forth findings of fact and conclusions of law. Rep. and Rec. [ECF No. 40]. j On that same date, the magistrate judge issued a Report and Recommendation as to Plaintiffs I motion for default judgment recommending that Plaintiffs motion be granted. Rep. and Rec. [ECF No. 41]. The parties were given until November 21, 2017 to file objections. No objections to j either Report and Recommendation have been filed as of this date.

         After a review of the record in the case, together with the Report and Recommendation as to the motion for preliminary and permanent injunction and the Report and Recommendation as to the motion for default judgment, the following Order is entered:

         IT IS HEREBY ORDERED that after considering all facts and arguments presented to the court upon due notice to all parties and the Court having reviewed Plaintiffs Motion for Preliminary and Permanent Injunctive Relief [ECF Nos. 6, 31], Plaintiffs motion is GRANTED as follows:

(1) Defendants and their agents, servants, employees, representatives, and/or affiliates, and all those who act in concert or participation with them are hereby enjoined, for a period of two years from the date of this Order, from directly or indirectly, owning, maintaining, advising, investing in, operating, engaging in, being employed by, being a consultant to, loaning money to, providing any assistance to, being a franchisee of, or having any interest in a business at 6563 Steubenville Pike, Pittsburgh, Pennsylvania; within Robinson Township, Pennsylvania; or within 25 miles from 6563 Steubenville Pike, Pittsburgh, Pennsylvania, Robinson Township, Pennsylvania, or any business owned by Plaintiff or any of its franchisees:
a. that is the same as, or similar to, Defendants' former Huntington Learning Center franchised business;
b. that offers tutoring in reading, phonics, study skills, mathematics, or related areas;
c. that offers courses or tutoring to prepare for standardized entrance exams, including the SAT and ACT;
d. that offers courses or tutoring in any academic subject; and
e. that offers educational services or products the same as or similar to those offered in Defendants' former Huntington Learning Center franchised business; and
(2) Defendants shall, within ten (10) days of the date of this Order, return to Plaintiff:
a. the manual setting forth Plaintiffs business system, and all of Plaintiff s mandatory standards, specifications, ...

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