The opinion
STATE OF MAINE SUPERIOR COURT
PENOBSCOT, SS . CIVIL ACTION NO.: CV-06-123
/s 4 l V \ - r l f f l - - '
,
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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
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