The opinion of the court was delivered by: WILLIAM BASSLER, District Judge
STIPULATION OF DISMISSAL AND ORDER
WHEREAS, plaintiff Cablevision of New Jersey Inc.
(hereinafter "Cablevision" or "plaintiff"), having instituted
this action against defendant Raffaele Sorbara, individually and
d/b/a Sound City Electronics Corp. (hereinafter "defendant" or
"Sorbara") under the Communications Act of 1934, as amended,
Title 47 U.S.C. §§ 553(a)(1) and 605(e)(4), alleging defendant's
use or assistance in use and/or selling and/or distribution of
unauthorized pirate cable television decoding devices purchased
from Modern Electronics, Inc. and,
WHEREAS, defendant Sorbara, without making any admissions to
plaintiff's allegations and denying those allegations, does
hereby wish to resolve plaintiff's claims under this Stipulation
of Dismissal and,
WHEREAS, the parties having reviewed the complaint and all
other filings and communications in this Action and having
investigated the plaintiff's claims and the potential defenses
and counterclaims with respect thereto, and having voluntarily
agreed to the terms of settlement set forth herein and in the
separate Settlement Agreement contemporaneously entered into by
the parties; it is hereby, ORDERED that,
1. Any and all existing or potential claims alleged or which
could have been alleged by and between plaintiff Cablevision and
defendant under this action are hereby mutually released and
discontinued with prejudice, with each party bearing its own
respective costs and fees subject to the terms of the Settlement
Agreement; and
2. Defendant Sorbara, any of his agents, or persons acting in
concert with him or on his behalf, are hereby permanently
enjoined and restrained from engaging in the unauthorized
reception of the programming, signal or service of plaintiff, or
in assisting in any such unauthorized reception, and are hereby
permanently enjoined and restrained from connecting to,
attaching, splicing into, tampering with or in any way using the
cable wiring of plaintiff, or assisting in any such conduct,
without plaintiff's authorization; and that jurisdiction is
hereby retained by this Court for the purpose of enabling any of
the parties to apply to this Court at any time for enforcement of
compliance with the foregoing injunction and for punishment of
any violations thereof, and 3. This Stipulation and Order may be filed by the Clerk of the
Court without further notice.
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