United States District Court, D. Colorado
STIPULATED FINAL JUDGMENT
A. BRIMMER United States District Judge
matter is before the Court on the parties' Joint Motion
for Entry of Stipulated Judgment [Docket No. 18].
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.
FINDINGS OF FACT
Court has jurisdiction over this matter pursuant to 28 U.S.C.
§§ 1331 and 1367.
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
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
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 ...