UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

GMAC Mortgage, LLC (f/k/a GMAC Mortgage 

Corporation),

Plaintiff,

v.

Schaefer Mortgage Corporation, Timothy Amsden, 

Tim Beaudoin, Rich Boisvert, John Gaglia, Denise 

Johnson, Jake Pelletier, and Sam Pirri 

Defendants.

Civil Action No. 08-CV-428

STIPULATED AND APPROVED INJUNCTION

Pursuant to Fed. R. Civ. P. 65, plaintiff GMAC Mortgage LLC (“GMAC Mortgage”) and 

defendants Schaefer Mortgage Corporation (“Schaefer Mortgage”), Tim Beaudoin and John 

Gaglia (individually and collectively, Schaefer Mortgage, Mr. Beaudoin and Mr. Gaglia may be 

referred to as the “Defendants”) hereby stipulate to the following Injunction and the Court 

hereby accepts and adopts the Injunction:

IT IS HEREBY ORDERED, that Defendants, Defendants’ agents, employees, 

successors, attorneys, and all those in active concert or participation with them shall: 

 (1) Within two (2) business days of the date this Injunction is entered, return all of

GMAC Mortgage’s property in their possession, custody or control, including but 

not limited to any GMAC Mortgage customer database (or databases) as well as 

any other GMAC Mortgage confidential and proprietary information. For 

purposes of this Injunction, GMAC Mortgage “confidential and proprietary 

information” shall mean any GMAC Mortgage property that any of the individual 

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defendants named in this litigation took with them or otherwise had in their 

possession when their employment with GMAC Mortgage ended, specifically 

including but not limited to “Confidential Information” as that term is defined in 

the GMAC Mortgage Loan Officer Employment and Compensation Agreement(s) 

and/or GMAC Mortgage Residential Loan Originator Employment and 

Compensation Agreement(s) previously executed by each of the individual 

defendants, but shall not include any personal contact lists created by any of the 

individual defendants which reflects only the name, address, email address, and 

telephone number of customers or prospective customers that the individual 

defendant dealt with during his or her employment with GMAC Mortgage, 

provided that the contact list was not taken from some other, proprietary GMAC 

Mortgage database. 

(2) Within two (2) calendar days of the date this Injunction is entered, permanently 

delete any and all of GMAC Mortgage’s confidential and proprietary information 

from the Defendants’ computers, servers, network and any other electronic 

memory files or devices and provide affidavits to GMAC Mortgage to confirm 

that such deletion has occurred; 

(3) As of the date this Injunction is entered, cease and desist from further using or 

disclosing any of GMAC Mortgage’s confidential and proprietary information, or 

any other GMAC Mortgage property; 

(4) As of the date this Injunction is entered, cease and desist from using the “GMAC 

MORTGAGE” trademark in commerce; and

(5) For a period of nine (9) months from the date this Injunction is entered (the 

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“Restricted Period”), cease and desist from doing business with any GMAC 

Mortgage customer whose contact information was contained in any GMAC 

Mortgage confidential and proprietary information that the Defendants are 

returning to GMAC Mortgage and/or deleting from electronic sources pursuant to 

this Injunction. A list of the names and addresses of the GMAC Mortgage 

customers referenced in the preceding sentence is included in Exhibit A to this 

Injunction, which shall be filed with the Court under seal. During the Restricted 

Period, Schaefer Mortgage may retain a single copy of Exhibit A for purposes of 

monitoring the Defendants’ compliance with the Injunction, but shall not be 

permitted to make any copies of Exhibit A. At the conclusion of the Restricted 

Period, Schaefer Mortgage shall destroy its copy of Exhibit A, and shall provide 

an affidavit to GMAC Mortgage certifying that it has destroyed its copy of 

Exhibit A, that no other copies of Exhibit A have been made by Schaefer 

Mortgage or any of its employees, and that there are no copies of Exhibit A in the 

possession, custody or control of Schaefer Mortgage. 

(6) Mr. Gaglia and Mr. Beaudoin agree that they shall be bound by this Injunction in 

their individual capacities, regardless of whether they remain employed at 

Schaefer Mortgage. In the event Mr. Gaglia or Mr. Beaudoin leave their 

employment with Schaefer Mortgage at any time during the Restricted Period and 

obtain new employment in the residential mortgage field, they shall apprise 

counsel for GMAC Mortgage of the name and address of their new employer. At 

GMAC Mortgage’s option, GMAC Mortgage shall then forward a copy of Exhibit 

A either to Mr. Gaglia or Mr. Beaudoin or to their new employer, for purposes of 

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monitoring Mr. Gaglia’s and Mr. Beaudoin’s compliance with the Injunction. At 

the conclusion of the Restricted Period, Mr. Gaglia and Mr. Beaudoin each shall 

execute an affidavit certifying that they have destroyed any copy of Exhibit A that 

they have received pursuant to this paragraph, that no other copies of Exhibit A 

have been made by Mr. Gaglia or Mr. Beaudoin, and that there are no copies of 

Exhibit A in the possession, custody or control of Mr. Gaglia or Mr. Beaudoin. 

GMAC Mortgage and the Defendants each recognize that it is in their mutual interest to 

stipulate to this Injunction, and that this Injunction in no way constitutes an admission of liability 

with respect to any of the claims asserted against any of the Defendants in the above-captioned 

lawsuit. 

It is so ORDERED this ___ of December, 2008.

____________________________

United States District Court Judge 

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