Free Consent Judgment - District Court of Delaware - Delaware

· Case 1 :06-cv—00055-GIVIS Document 204 Filed 06/26/2007 Page 1 of 3
— ' IN THE UNITED STATES DISTRICT COURT I
. FOR THE DISTRICT OF DELAWARE
TESLA INDUSTRIES, INC., · ) - .
Plainlili ` 3 ` ·
. ) C.A. N0. 06-055-GMS
v. ) U
DAVID C. WALDMANN, g _ _ .
— LYNDOL W. HOLLINGSWORTH, ) · _
CHARLES MINNICK a/lc/a CHUCK MINNICK, and )
NEW MILLENIUM TOOLS, INC., ) ·
U _ Defendants. g . ·
- `
` WHEREAS, plaintif Tesla Industries Inc. has instituted Civil Action No. 06-65- U l `
- GMS in this Court, seeking relief for trade secret misappropriation, breach of contract · l I
I- and other claims. . I -
, WHEREAS, defendants Lyndol W. Hollingsworth, Charles Miunick and New
Mlllenihm Tools, Inc., (collectively “NMT Defendants") have Answered the Complaint ‘
· and therein Eled antitrust and other counterelaims. _ ·
' WHEREAS, the parties have agreed to settle Civil`Action No. 06-55-GMs on the -
basis of an agreement entitled "Mutual Release and Settlement Agreement? eifective the _
l Illth day of Iune, 2007 (hereinaiter f‘Settlement Agreement") (filed UNDER SEAL as I
V Attachment A to this Consent Decree), and the following Consent Order and Decree; U U
IT IS HEREBY ORDERED,.AD.IUDGED ANDDECREED, that: . , ‘
. l 1 .

l Case 1 :06-cv—00055-GIVIS Document 204 Filed 06/26/2007 Page 2 of 3
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E ‘ ` ‘ ·
J 1. Throughout this Consent Decree and Order, "Tesla" means Tesla Industries Inc. ‘ l _
and all parents, subsidiaries, divisions, affiliates; related entities, directors, oflicers, .
l employees, agents, and shareholders of Tesla and its successors and assigns.
2. · Throughout this Consent Decree and Order, ‘N1\»1T Parties" means Lyndol W. -
l Hollingsworth, Charles Mirmlck, New Millenium Tools, Inc., New Mil.lenium Tools,
. LLC and Chuck Minnick & Associates, and all parents, subsidiaries, divisions, asliiliates, '
I - related entities, directors, ofticers, employees, agents, shareholders of the NMT Parties I
. and successors and assigns. I
3. This Court has jurisdiction over Tesla and NMT Parties and over the subject h
matter of Tesla’s Complaints in Civil Action No. 06-55-GMS and all countexclaims and .
defenses that were and could have been asserted by NM'I` Defendants in response to the . v_
Complaint _ ·
4. Tesla and NM'1` Parties shall hereby. abide by the prohibitions and provisions set ir
forth in the Settlement Agreement. · I
5. NMT Parties are hereby enjoined to and including January 1, 2013 fiom the
activities proscribed in paragraphs 1 through _4 ofthe attached Settlement Agreement. - I
' U 6. Prior to the Hling of any motion to enforce this Consent Decree and Injunction, { . .
U , the party alleging a violation shall provide written notice to the allegedly violating party _ U -
‘ and its counsel 15 calendar days in advance ofthe filing to permit the allegedly violating
l party the opportunity to the violation; and that if an actual violation is cured during I
- this notice period no finding of contempt shall issue. . _ .

Case 1 :06-cv—00055-GIVIS Document 204 Filed 06/26/2007 Page 3 of 3
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{ · ·· ·
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@ C 7. _ This Consent Decree and Injimction sha!] be binding on each of the`party’s
¢ . - .
_ directors, officers, employees, shareholders, parents, agents, subsidiaries, divisions,
U ` aElintes, successors and assigns. `
5 8. This Court shall retain jurisdiction over the parties and this action for the purpose `
. I
· of making any further order necessary or proper relating to this Consent Decree and I-
Injuucticn.
` »r‘* C " ` i
' SO ORDERED, this L9 day of June. 2007.
I . A qv Stir Z
Unit d States District Judge
. JUN 2 6 2007 _
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