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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 06cv02321ZLWMEH
DS WATERS OF AMERICA, INC.,
Plaintiff,
v.
WESTERN SLOPE BAR SUPPLIES, INC.,
Defendant.
CONSENT ORDER REGARDING RETURN OF PLAINTIFF'S PROPERTY
The Court, having reviewed the Joint Motion of the parties, and being otherwise fully
advised in the premises, hereby orders:
a.
Defendant shall not sell, produce, distribute, or otherwise provide to its
customers, or anyone else, any water products, and/or any other related products
bearing the names "Sierra Springs," "Hinkley Springs," or "Hinkley & Schmidt"
(collectively, "Plaintiff's Products");
b.
Any and all documentation and/or computer records related to the production,
distribution, and sales of Plaintiff's Products shall not be removed and/or
destroyed from their present location;
c.
Defendant shall allow a representative of Plaintiff to enter onto the premises and
photograph these bottles;
d.
Defendant shall return to Plaintiff all supplies, products, bottles, and/or any other
item bearing the Plaintiff's Products names currently in the possession of the
Defendant, at the Plaintiff’s primary place of business in Denver, Colorado.
Initially, Plaintiff will pay the costs of returning such items to Plaintiff's primary
Case 1:06-cv-02321-ZLW-MEH Document 29 Filed 12/07/2006 Page 1 of 5
DS Waters of America, Inc. v. Western Slope Bar Supplies, Inc.
Doc. 29
Dockets.Justia.com
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place of business, but Plaintiff reserves the right to request payment from
Defendant upon acquiring further information regarding the obligation for
payment of such costs;
e.
Defendant shall continuing calling its customers to determine if any bottles
bearing the Plaintiff's Products names are in the possession of one of Defendant's
customers. Within the next ten business days, the Defendant shall call all
customers to determine if any of Plaintiff's Products are still in that customer's
pos