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IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO. 502008CA002138XXXXMB AO
TERESA MARIA CORTINAS, M_D., P.A.,
Plaintiff,
v.
ADVANCED IMAGING ASSOCIATES, LLC,
ROBERT D. BURKE, M.D., P.L. AND ROBERT D.
BURKE, DIAGNOSTIC ANCILLARY SERVICES, LLC,
Defendants,
v.
WALTER E. WOJCICKI, M_D., PH.D., P.A., WALTER E.
WOIJCICKI, M.D., TERESA MARIA CORTINAS, M.D.
Third-Party Defendants.
gaa
/
eG € Hd 82 AVEO
AGREED ORDER ON JOINT STIPULATION OF DISMISSAL
WITH PREJUDICE OF NON-COMPETE CLAIMS
This cause came before the Court on the parties’ Joint Stipulation of Dismissal with Prejudice
of Non-Compete Claims, and it is ORDERED that:
1.
The following claims (collectively, the “Non-Compete Claims”) are dismissed with
prejudice:
Count I for Breach of Coniract alleged in Defendant Advanced Imaging
Associates, LLC’s (“AIA”) Amended Third-Party Complaint; and
Count VIII for Declaratory Judgment seeking to have the Court declare the
non-compete agreement is unenforceable alleged in Plaintiff Teresa M.
Cortinas, M.D., P.A.’s (“TCPA”) Third Amended Complaint.2. All parties stipulate that there has been no determination as to the enforceability of
section 5.6, titled “Non-Competition and Non-Solicitation,” of the AIA Restated Operating
Agreement, attached as Exhibit 2 to TCPA’s Third Amended Complaint, but it is agreed that ALA and
Diagnostic Ancillary Services, LLC specifically agree to forever waive any rights they have or may
have against TCPA and Teresa M. Cortinas, M.D. to enforce this provision.
3. Each party shall bear its own attorneys’ fees and costs as to the Non-Compete Claims.
4, The bifurcated non-jury trial on the Non-Compete Claims set for the trial period
beginning June 22, 2009 will be removed from the docket.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida this
AL “aay of LDL a
Copies Furnished to:
Adam T. Rabin, Esquire, McCabe Rabin, P.A., 1601 Forum Place, Suite 301, West Palm Beach, FL
33401
David W. Spicer, Esquire, Law Office of David W. Spicer, P.A., 11000 Prosperity Farms Road, Suite
104, Palm Beach Gardens, Florida 33410
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502008CA002138XXXXMB AO TERESA MARIA CORTINAS, M_D., P.A., Plaintiff, v. ADVANCED IMAGING ASSOCIATES, LLC, ROBERT D. BURKE, M.D., P.L. AND ROBERT D. BURKE, DIAGNOSTIC ANCILLARY SERVICES, LLC, Defendants, v. WALTER E. WOJCICKI, M_D., PH.D., P.A., WALTER E. WOIJCICKI, M.D., TERESA MARIA CORTINAS, M.D. Third-Party Defendants. gaa / eG € Hd 82 AVEO AGREED ORDER ON JOINT STIPULATION OF DISMISSAL WITH PREJUDICE OF NON-COMPETE CLAIMS This cause came before the Court on the parties’ Joint Stipulation of Dismissal with Prejudice of Non-Compete Claims, and it is ORDERED that: 1. The following claims (collectively, the “Non-Compete Claims”) are dismissed with prejudice: Count I for Breach of Coniract alleged in Defendant Advanced Imaging Associates, LLC’s (“AIA”) Amended Third-Party Complaint; and Count VIII for Declaratory Judgment seeking to have the Court declare the non-compete agreement is unenforceable alleged in Plaintiff Teresa M. Cortinas, M.D., P.A.’s (“TCPA”) Third Amended Complaint.2. All parties stipulate that there has been no determination as to the enforceability of section 5.6, titled “Non-Competition and Non-Solicitation,” of the AIA Restated Operating Agreement, attached as Exhibit 2 to TCPA’s Third Amended Complaint, but it is agreed that ALA and Diagnostic Ancillary Services, LLC specifically agree to forever waive any rights they have or may have against TCPA and Teresa M. Cortinas, M.D. to enforce this provision. 3. Each party shall bear its own attorneys’ fees and costs as to the Non-Compete Claims. 4, The bifurcated non-jury trial on the Non-Compete Claims set for the trial period beginning June 22, 2009 will be removed from the docket. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida this AL “aay of LDL a Copies Furnished to: Adam T. Rabin, Esquire, McCabe Rabin, P.A., 1601 Forum Place, Suite 301, West Palm Beach, FL 33401 David W. Spicer, Esquire, Law Office of David W. Spicer, P.A., 11000 Prosperity Farms Road, Suite 104, Palm Beach Gardens, Florida 33410