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PostNet International Franchise Corp. v. Lorenzo Printing, LLC

United States District Court, D. Colorado

June 11, 2018

POSTNET INTERNATIONAL FRANCHISE CORPORATION, Plaintiff,
v.
LORENZO PRINTING, LLC, JOHN LORENZO, and BENITO LORENZO, Defendants.

          STIPULATED FINAL JUDGMENT

          PHILIP A. BRIMMER United States District Judge

         This matter is before the Court on the parties' Joint Motion for Entry of Stipulated Judgment [Docket No. 18].

         Plaintiff filed this lawsuit on March 30, 2018 asserting claims for breach of contract and misappropriation of trade secrets based on defendants' alleged breach of a franchise agreement and unauthorized use of plaintiff's confidential and proprietary information. Docket No. 1. On March 30, 2018, plaintiff moved for a preliminary injunction to enforce the terms of the franchise agreement and prevent the disclosure of plaintiff's proprietary information. Docket No. 2. A hearing on the motion is currently set for June 13, 2018. Docket No. 11. On June 8, 2018, the parties filed the instant motion requesting entry of a stipulated final judgment resolving all claims in this lawsuit. Docket No. 18 at 1, ¶ 3.

         I. FINDINGS OF FACT

         1. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1367.

         2. Plaintiff PostNet International Franchise Corporation (“PostNet”) is a franchisor of PostNet retail stores that provide a broad array of printing and document services, graphic design, web and marketing services, shipping, packaging and mailing services, and other related business services (defined in the Franchise Agreement as the “Franchised Business”).

         3. PostNet has developed a distinct and uniform system (the “System”) relating to the establishment and operation of PostNet retail stores. PostNet has expended considerable time and resources over 20 years to develop the System. The System includes, without limitation, the following proprietary and confidential trade secrets and intellectual property, which were developed exclusively by PostNet to be used in connection with the establishment and ongoing operation of PostNet retail stores:

a. A comprehensive operating manual (the “Manual”);
b. Programs, methods, and techniques for providing services relating to printing, graphic design, internet marketing, shipping, packaging, and mailing;
c. Point of sale and other operating software;
d. Internet support portals;
e. Vendor relationships;
f. Training publications and ...

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