IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02607-RBJ-BNB

TUTORING CLUB, LLC,

Plaintiff,

v.

RMA, LLC, and KATHLEEN DEMATTEO,

Defendant.

______________________________________________________________________________

ORDER FOR ENTRY OF INJUNCTION

______________________________________________________________________________

THE COURT, having reviewed the Parties’ Motion for Entry of Consent Injunction and, 

being fully advised in the premises, hereby 

ORDERS that, for a period of one (1) year from the date of this Order, defendants RMA,

LLC (“RMA”) and Kathleen DeMatteo (“DeMatteo”) are enjoined from engaging in the following 

activities, and is hereby commanded forthwith to desist and refrain from:

1. Directly or indirectly engaging in or investing in, owning, managing, operating, 

financing, controlling, or participating in the ownership, management, operation, financing, or 

control of; being employed by, associated with, or in any manner connected with; lending its or 

her name or any similar name to; or rendering services or advice to any business that offers or 

provides tutoring services and related services and items within fifteen (15) miles of 1445 

Nelson Road, Longmont, Colorado 80501;

2. Directly or indirectly engaging in or investing in, owning, managing, operating, 

financing, controlling, or participating in the ownership, management, operation, financing, or 

control of; being employed by, associated with, or in any manner connected with; lending its or 

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her name or any similar name to; or knowingly rendering services or advice to any business that 

offers or provides tutoring services and related services and items within fifteen (15) miles of 

any business owned or operated by plaintiff, Tutoring Club, LLC (“Tutoring Club”), or any 

affiliate or franchisee of Tutoring Club;

3. Knowingly soliciting or attempting to solicit any client of Tutoring Club or any 

client of any affiliate or franchisee of Tutoring Club; 

4. Knowingly soliciting, employing, or otherwise engaging as an employee, 

independent contractor, or otherwise, any person (an “Employee”) who is at the time of this 

Order or previously was an employee of Tutoring Club or of any affiliate or franchisee of 

Tutoring Club; or in any manner inducing or attempting to induce an Employee to terminate his 

or her employment with Tutoring Club or with any affiliate or franchisee of Tutoring Club; 

5. Knowingly interfering with Tutoring Club’s relationship with any person, 

including any person who at any time from March 6, 2007 through the date of this Order was an 

employee, contractor, supplier, or client of Tutoring Club or of RMA’s former Tutoring Club 

franchise;

6. Directly or indirectly using, exploiting, reproducing, selling, or selling 

reproductions of any materials bearing any trademark owned by Tutoring Club or consisting of 

any copyrighted materials owned by Tutoring Club or its affiliate, Tutormark, LLC, without 

consent from Tutoring Club or from Tutormark, LLC;

7. Directly or indirectly using, communicating to competitors of Tutoring Club, 

exploiting, or divulging in any way, for purposes of competing with Tutoring Club, any of 

Tutoring Club's nonpublic trade secrets, proprietary information, nonpublic technical data, or 

nonpublic know-how that relates to Tutoring Club’s business or to a franchisee of Tutoring 

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Club, including Tutoring Club’s franchise operating manual, its quality control systems, its tutor 

recruiting and training materials and programs, its tutoring materials and programs, Tutoring 

Club’s proprietary software used to operate a Tutoring Club franchise, and nonpublic 

information regarding Tutoring Club’s salaries, research, items, services, developments, 

inventions, processes, techniques, designs, marketing, finances, field operations, employee 

recruiting, and supplier relations; and

8. Notwithstanding any language above to the contrary, nothing contained in this 

Order shall in any way enjoin, preclude, restrict, or limit DeMatteo’s participation or 

engagement in any service, activity, or role for any individual or entity for which DeMatteo 

does not receive compensation (other than reimbursement for expenses incurred).

IT IS FURTHER ORDERED that this Court shall maintain jurisdiction to enforce the terms 

of this Order for any violation thereof.

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SO ORDERED this 18th day of January, 2012.

BY THE COURT: 

___________________________________

R. Brooke Jackson

United States District Judge

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