UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-23080-UU

CONSENT INJUNCTION

THIS CAUSE came before the Court upon the Joint Motion for Entry of Consent

Injunction, D.E. 108, submitted by Plaintiff International Markets Live, Inc. (“IML”) and

Defendant Scott Huss (the “Joint Motion”). The Court has reviewed the Joint Motion, the 

Complaint, the Report and Recommendation, the Court’s Order on Magistrate Judge’s Report and

Recommendation, and the other matters of record and is otherwise fully advised in the premises.

The Court finds:

1. The parties stipulate that the Court has subject matter jurisdiction over this action

pursuant to 28 U.S.C. § 1332(a), in that IML is a New York corporation with its principal place of

business in Nevada, and is qualified to do business in the State of Florida, and Mr. Huss is a citizen

of the State of Florida, and the matter in controversy exceeds the sum or value of $75,000.00.

INTERNATIONAL MARKETS LIVE, INC.,

dba iMARKETSLIVE,

Plaintiff,

v.

SCOTT HUSS, an individual,

Defendant.

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2. Mr. Huss stipulates that the Court has personal jurisdiction over him for the claims

asserted in the Complaint filed by IML, and the ability to enter and enforce the terms of this

Consent Injunction. Mr. Huss stipulates that the venue is proper in the Southern District of Florida.

3. The parties have stipulated to the terms of this Consent Injunction to resolve all 

claims that were made or that could have been made between them in this action up to and 

including the date of entry of this Consent Injunction.

4. The Court has previously found that IML is not required to post a bond pursuant to

Federal Rule of Civil Procedure 65(c). See D.E. 98. Mr. Huss stipulates that IML has no obligation

to post an injunction bond.

Accordingly, it is hereby ORDERED AND ADJUDGED as follows:

A. The Joint Motion for Entry of Consent Injunction, D.E. 108, is GRANTED as

follows:

Beginning on the date of entry of this Consent Injunction (the “Effective Date”), and for 

avoidance of doubt, without applying to any conduct that occurred prior to the Effective Date, 

Mr. Huss and any agents, servants, employees, attorneys, and all others persons in active concert

orparticipation with him who receive actual notice thereof by personal service or otherwise, are

enjoined from directly or indirectly, on their own, or through individuals or entities:

i. For one year from the Effective Date, misappropriating IML’s proprietary

and trade secret information (“One-Year Period”).

ii. For six months from the Effective Date, soliciting, enrolling, encouraging

or influencing in any other way, or attempting to do any of the foregoing, (either directly or through

a third party), another IML Independent Business Owner or customer to enroll or participate in

any direct sales or network marketing business, unless that fellow Independent Business Owner or

customer was personally sponsored by Mr. Huss to IML (“Six-Month Period”). IML Policies and

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Procedures § 3.7. Customers may purchase non-competing products or services from Mr. Huss.

Id., at § 3.7(d).

iii. For one year following the Effective Date, (a) using information in business

reports, lists of customer and Independent Business Owner names and contact information and any

other information, which contain financial, technical or other information both written or otherwise

circulated by IML or pertaining to the business of IML (“Reports”) to compete with IML or for

any other purpose; and (b) using or disclosing to any person or entity any confidential information

contained in the Reports, including the replication of the genealogy in another network marketing

company. Id. § 12.3.

B. As further agreed by the parties, if Mr. Huss or any of his agents, servants,

employees, attorneys, or others persons in active concert or participation with him are found by

the arbitrator to have violated any provision of this Consent Injunction, a Judgment for Damages

in the form of Exhibit A to this Consent injunction will be entered against Mr. Huss by the District 

Court. The parties stipulate that the amount set forth in the draft Judgment for Damages that is 

Exhibit A to this Consent Injunction is not a penalty, but rather represents a fair estimate of IML’s

damages andan award of its attorneys’ fees and costs to which IML would be entitled for prevailing 

in this action. As an essential component of the parties’ settlement, IML has agreed to forgo its 

claims for fees and costs so long as Mr. Huss and his agents, servants, employees, attorneys, or 

others persons in active concert or participation with him do not violate the terms of this Consent

Injunction.

C. This Consent Injunction shall expire after one year from the date of its entry.

However, IML may move to enforce Paragraph B above after one year, but within four years, if it

subsequently discovers that a violation occurred during the One Year Period.

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D. Nothing in this Consent Injunction shall waive IML’s rights to bring suit or take

any other actions necessary to protect, nor authorize Mr. Huss to use, its trade secrets after the

expiration of this Consent Injunction. By way of example, after the One Year Period, IML may

still file an action against Huss regarding any alleged misappropriation of its proprietary and trade

secret information occurring after the One Year Period, regardless of the fact that this Consent

Injunction covers only a one-year period. For the avoidance of doubt, nothing in this agreement is

meant to imply that IML cannot bring such a suit after the expiration of this agreement.

E. This Case is DISMISSED, and the Clerk of Court is directed to CLOSE this case

and DENY as moot any pending motions. This Court shall maintain jurisdiction over this action

to enforce this Consent Injunction.

DONE AND ORDERED in Chambers, Miami, Florida, this _14th_ day of April 2021.

__________________________________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

cc:

Counsel of Record via CM/ECF

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EXHIBIT A

Case 1:20-cv-23080-AHS Document 110 Entered on FLSD Docket 04/14/2021 Page 5 of 6
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-23080-UU

JUDGMENT FOR DAMAGES AGAINST DEFENDANT SCOTT HUSS

Pursuant to Federal Rule of Civil Procedure 58 and this Court’s Consent Injunction, DE 

110, it is hereby ORDERED AND ADJUDGED that JUDGMENT is entered against Defendant 

Scott Huss and in favor of Plaintiff International Markets Live, Inc. d/b/a iMarketsLive in the 

amount of $1,500,000.00, plus any unshared arbitration costs associated with enforcing the arbitrator’s 

decision, if applicable, upon which post-judgment interest shall accrue in accordance with 28 U.S.C. 

§ 1961, for which sums let execution issue. 

DONE AND ORDERED in Chambers, Miami, Florida, this _14th_ day of April 2021. 

__________________________________ 

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

cc: 

Counsel of Record via CM/ECF 

INTERNATIONAL MARKETS LIVE, INC.,

d/b/a iMARKETSLIVE,

Plaintiff,

v.

SCOTT HUSS, an individual,

Defendant.

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