Court Order regarding NXIVM's requested injunctions

September 9, 2003

UNITED STATES DESTRICT COURT

 

 

 

UNITED STATES DESTRICT COURT

NORTHERN DISTRICT OF NEW YORK

 

 

 

 

 

 

NXIVM CORPORATION, f/k/a

Executive Success programs, Inc. ;

and FIRST PRINCIPLES, INC.

 

 

Plaintiffs,

 

 

 

 

 

-against-

 

03-CV-976

(Lead Case)

 

 

 

THE ROSS INSTITUTE; RICK ROSS

a/k/a   "Ricky Ross"; JOHN HOCHMAN;

and STEPHANIE FRANCO,

 

 

 

 

Defendants

 

 

 

 

 

 

 

 

 

 

 

 

NXIVM CORPORATION , f/k/a

Executive Success Programs, Inc.;

and FIRST PRINCIPLES, INC.

 

 

Plaintiffs,

 

 

 

 

 

-against-

 

03-CV-1051

(Member Case)

 

 

 

THE ROSS INSTITUTE; RICK ROSS

a/k/a   "Ricky Ross"; PAUL R.

MARTIN, Ph.D.; WELLSPRING

RETREAT, INC.; and

STEPHANIE FRANCO; 

 

 

 

 

Defendants

 

 

 

 

 

 

 

 

 

ORDER

 

 

 

McAvoy, D.J.:

 

            For the reasons set forth from the bench on September 8, 2003, plaintiffs' motions for preliminary injunctions in the above-captioned cases are granted in part and denied in part. It is

 

 

 

 

 

 hereby

 

 

 

    ORDERED that cases 03-CV-976 and 03-CV-1051 are consolidated pursuant to Federal Rule of Civil procedure

 

42 (a), with 03-CV-976 serving as the lead case; and it is further

 

 

ORDERED, ADJUDGED AND DECREED that pending the final

 

disposition of the actions against her, or until further order of this Court, defendant Stephanie Franco is enjoined from transmitting Plaintiffs' course materials to anyone other than her attorneys and persons retained by them in connection with these suits; and it is further

 

    ORDERED that the Clerk of the Court, or his designee, is directed to detach the following two exhibits form the

 

affidavits to which they are attached and to file the exhibits separately

under seal: Exhibit A to Stephanie Franco's August 21, 2003

Supplemental Affidavit files in 03-CV-976 (dkt. # 29); and exhibit C to Stephanie Franco's September 2, 2003 Affidavit filed in 03-CV-1051 (dkt # 14). The sealing order does not pertain to the affidavits themselves, or the other exhibits attached thereto; and it is further

 

 

ORDERED, that plaintiffs' motions are, in all other respects, denied.

 

IT IS SO ORDERED

 

Dated: September 9, 2003

 

 

 

 

 

 

Hon. Thomas J. McAvoy

U.S. District Judge


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