Opinion

Brown v. Sunrise Expeditions Int'l

Court
Superior Court of Maine
Filed
Mar 29, 2007
Status
Unpublished
On the bench
Joyce A. Wheeler
Cited by
0 cases

The opinion

STATE OF MAINE SUPERIOR COURT

PENOBSCOT, SS . CIVIL ACTION NO.: CV-06-123

/s 4 l V \ - r l f f l - - '

,

4 ?)7

MARTIN BROWN, I

and

NORTHERN LOGISTICS, LLC,

PLAINTIFFS AND

DEFENDANTS-IN-

COUNTERCLAIM

JUDGMENT

SUNRISE EXPEDITIONS

INTERNATIONAL, LLC,

KENT H. SEELY,

and

DENNIS E. JACOBS,

DEFENDANTS AND

PLAINTIFFS-IN-

COUNTERCLAIM

Hearing having been had on Plaintiff's Request for a Hearing on

Damages, on March 27, 2007; the Court hereby orders judgment be

entered against the Defendants as follows:

As to Count I of the complaint: judgment for Plaintiffs in the

amount of $2,105.00 against Sunrise Expeditions International,

LLC .

As to Count I1 of the complaint: judgment for Plaintiffs in the

amount of $11,900 against Sunrise Expeditions International LLC.

As to Count I11 and Count V of the complaint: judgment for the

Plaintiffs in the amount of $ 16, z<obo0 against Sunrise

Expeditions International, LLC. The Court ORDERS that Sunrise

Expeditions International LLC is hereby permanently enjoined from

using Plaintiffs' images in any manner.

As to Count IV of the complaint: judgment for the Plaintiffs in

the amount of $ < ~ O b o o against Sunrise Expeditions

International, LLC. The Court ORDERS that Sunrise Expeditions

International, LLC is hereby permanently enjoined from using

Plaintiffs' images including images in any calender in any

manner.

As to Count VI and Count VII of the complaint: judgment for

Plaintiffs in the amount of $5612.50, plus attorneys fees as

hereinafter set forth, jointly and severally, against Defendant

Kent Seely and Defendant Dennis Jacobs.

As to Count VIII and Count IX of the complaint: The Court

declares that as a result of Defendant Kent Seely's and Defendant

Dennis Jacobs' default under the Pledge and Assignment Agreement

identified in the complaint, Plaintiff Martin Brown is free to

exercise any and all of the rights he has pursuant to such

Agreement which rights include but are not limited to, the right

to vote any or all of the Defendants' stock interest in Sunrise

Expeditions International LLC, to sell or assign any or all of

Defendants' interest or ownership in Sunrise Expeditions

International LLC; to cause all or any part of Defendants'

interest in Sunrise Expeditions International LLC be conveyed or

transferred to Martin Brown or Northern Logistics LLC or to their

nominees.

As to Count X of the complaint: The Court declares that Plaintiff

Martin Brown is free from any non-competition restraints

contained in any agreements with the Defendants not to compete

with them. He is hereby free to compete with the Defendants.

The Court finds that Plaintiffs have incurred $ Z L ) ~ ~ L ( ~ in

"

attorney fees for which the Defendants are liable. Therefore, the

Court ORDERS judgment, jointly and severally, against each of the

Defendants in the amount of $ LC\ I 6 ~ 7 . 5 )

As to the Amended complaint: the Court finds the Plaintiff Martin

Brown has been damaged in that the Defendants Seely and Jacobs

caused Martin Brown's ownership interest in Sunrise Expeditions

International LLC to become, in all practicality, worthless.

Judgment for Martin Brown against Defendants Seely and Jacobs in

the amount of $18,750.00.

Plaintiffs are also awarded interest and costs against the

Defendants.

2007

Dated:

ce, Superior Court

04/03/2007 MAINE J U D I C I A L INFORMATION SYSTEM ksrnit h

PENOBSCOT COUNTY SUPERIOR COURT rnj x x i 0 1 3

PAGE A - ATTORNEY BY CASE VIEW

MARTIN BROWN ET AL VS SLINRISE EXPEDITIONS INTERNATIONAL LLC ET AL

UTN: AOCSsr - 2 0 0 6 - 0 0 6 5 5 3 1 CASE # : B A N K - C V - 2 0 0 6 - 0 0 1 2 3

................................................................................

SEL VD REPRESENTATION TYPE DATE

01 0 0 0 0 0 0 0 3 9 3 ATTORNEY:COUGHLIN, EUGENE

ADDR:23 WATER STREET PO BOX 919 BANGOR ME 0 4 4 0 2 - 0 9 1 9

F F0R:MARTIN BROWN PL RTND 01/31/2007

F F0R:NORTHERN LOGISTICS LLC PL RTND 01/31/2007

0 2 0 0 0 0 0 0 6 8 9 9 ATTORNEY:DOANE, WAYNE

ADDR:PO BOX 60 EXETER ME 04435

F F0R:SlINRISE EXPEDITIONS INTERNATIONAL LLC DEF RTND 03/20/2007

F F0R:KENT H SEELY DEF RTND 83/28/2007

FCC&r\fi/s &cc.t&

*More A t t o r n e y s *

E n t e r O p t i o n : A=Add, B+Sel=Browse, M=More, R + S e l = R l t n E d i t : M

S e l e c t t h e E X I T KEY f o r p a g e s e l e c t i o n l i n e .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.