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IN THE NORTHICA DISTRICT COURT FOR THE COUNTIES OF ROBINSDALE AND NEW ISLINGTON
NINTH SYMPHONY ENTERPRISES, : CIVIL ACTION et al. : (Plaintiffs) : : v. : : XXXXXXXXXXXXX : NO. 96-963 (Defendant) : AND NOW, this 1st day of May, 2002, upon consideration of plaintiffs’ Motion to Clarify and Restate the Court’s Orders Concerning Defendants’ Actions Pending Resolution of Plaintiffs’ Motions for Preliminary Relief, and the Court finding that: (a) On April 19, 2001 this Court entered a Temporary Restraining Order enjoining ‘[t]he defendant, his family, and his agents . . . from repeated, intrusive, or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of the plaintiff according to the provisions of 56 N.C. § 311(b) (1)’, see docket no. 21; (b) Thereafter, the parties entered a stipulation in which the Defendant promised that ‘he will not initiate any physical, verbal, or written actions violating 56 N.C. § 311(b) until the three-judge court hears Plaintiffs’ Motion for Preliminary Injunction...and has decided the motion’; see docket no. 12; (c) This Court approved the Stipulation on April 19, 2001, giving it the force of an Order of this Court; (d) In May and June of 2001, the counsel for the Plaintiff sent letters to the District Attorney claiming that the Defendant committed ‘lewd and wanton acts’ in the lobby of the Plaintiffs’ place of business and employment; see pls.’ mot. ex. 3 (Letters of May 14, June 1, June 9, and June 29, 2001 from Roger A. Likkiman to District Attorney Marcus Faan); (e) Attached to Mr. Likkiman’s June 9th letter was a Northican Gazette Article, and twelve photographs of the lobby and rear parking lot, showing grafitti and damage purportedly resulting from ‘unidentified bodily functions’, including: i. A Willow Street sign, having been removed from its streetlight mounting, forcibly embedded in the brick foundation beside the rear steps leading to the parking lot; ii. Obscene questions addressed to one of the plaintiffs affixed to the pavement, walls, and three automobiles with spraypaint; (f) Cleaning personnel witnessed ‘a large man shouting obscenities and behaving in an intoxicated manner while walking on the sidewalk across from the parking lot’, later identifying the Defendant; (g) In a written response to the motion, the Defendant has emphasized that the District Attorney demonstrated no evidence directly linking the Defendant to either scene, see defs.’ resp. at 5-6; (h) The Defendant, his family, and other individuals identified as ‘close friends’ of the Defendant, demonstrated a pattern of attending public events run by the Plaintiffs and exhibiting threatening and disruptive behavior; It is hereby ORDERED that: 1. Plaintiffs’ Motion to Clarify and Restate the Court’s Orders Concerning Defendants’ Actions Pending Resolution of Plaintiffs’ Motions for Preliminary Relief is GRANTED; 2. Behavior of the Defendant falls within this Court’s Temporary Restraining Order of April 19, 2001 and the Stipulation this Court approved by Order on April 19, 2001; and 3. The Plaintiff, his family, and his agents are ENJOINED from engaging in ‘physical, verbal, or written actions violating 56 N.C. § 311(b)’ and any such behavior must immediately cease. It is further ORDERED that copies of this Order may be served by any means, including facsimile transmission or electronic mail, upon any entity or person that may be subject to provisions of this Order. BY THE COURT: [signature] ROALD CAMPBELL, Clerk

IMPORTANT NOTICE

September 26, 2002
East Calder

You are hereby notified that on September 26th, 2002, at approximately 3:30p Northica Daylight Time, the Honourable Justice Art I. Cohn granted a personal restraining order to Ninth Symphony Enterprises, management, and employees in Northica District Court. The court ordered an injunction restraining XXXXXXXXXXXXX from:

(i) threatening, harassing, stalking, assaulting, molesting, or sexually assaulting the Plaintiffs;
(ii) entering the dwellings or places of employment of the Plaintiffs;
(iii) imposing any restraint upon the person or liberty of the Plaintiffs;
(iv) having any contact in any manner with the Plaintiffs;
(v) coming within 100 yards of the Plaintiffs.

This order remains in effect until modified or terminated by the Court, or terminates when the Court disposes of the underlying criminal case. Criminal violation of this order is a class D felony (N.D.C. § 73a-823, amended by N.A. 67-721(F)).

A certified copy of the formal order is available upon request from the court.

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