Court Order regarding NXIVM's requested injunctions

UNITED STATES DESTRICT COURT

NORTHERN DISTRICT OF NEW YORK

NXIVM CORPORATION, f/k/a

Executive Success programs, Inc. ;

and FIRST PRINCIPLES, INC.

Plaintiffs,

-against-

03-CV-976

(Lead Case)

THE ROSS INSTITUTE; RICK ROSS

a/k/a   "Ricky Ross"; JOHN HOCHMAN;

and STEPHANIE FRANCO,

Defendants

NXIVM CORPORATION , f/k/a

Executive Success Programs, Inc.;

and FIRST PRINCIPLES, INC.

Plaintiffs,

-against-

03-CV-1051

(Member Case)

THE ROSS INSTITUTE; RICK ROSS

a/k/a   "Ricky Ross"; PAUL R.

MARTIN, Ph.D.; WELLSPRING

RETREAT, INC.; and

STEPHANIE FRANCO; 

Defendants

ORDER

McAvoy, D.J.:

            For the reasons set forth from the bench on September 8, 2003, plaintiffs' motions for preliminary injunctions in the above-captioned cases are granted in part and denied in part. It is

 hereby

    ORDERED that cases 03-CV-976 and 03-CV-1051 are consolidated pursuant to Federal Rule of Civil procedure

42 (a), with 03-CV-976 serving as the lead case; and it is further

ORDERED, ADJUDGED AND DECREED that pending the final

disposition of the actions against her, or until further order of this Court, defendant Stephanie Franco is enjoined from transmitting Plaintiffs' course materials to anyone other than her attorneys and persons retained by them in connection with these suits; and it is further

    ORDERED that the Clerk of the Court, or his designee, is directed to detach the following two exhibits form the

affidavits to which they are attached and to file the exhibits separately

under seal: Exhibit A to Stephanie Franco's August 21, 2003

Supplemental Affidavit files in 03-CV-976 (dkt. # 29); and exhibit C to Stephanie Franco's September 2, 2003 Affidavit filed in 03-CV-1051 (dkt # 14). The sealing order does not pertain to the affidavits themselves, or the other exhibits attached thereto; and it is further

ORDERED, that plaintiffs' motions are, in all other respects, denied.

IT IS SO ORDERED

Dated: September 9, 2003

Hon. Thomas J. McAvoy

U.S. District Judge