STATE OF WASHINGTON
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v.
CYCO.NET, INC., a New Mexico for-profit corporation; and RICHARD A. URREA, individually and on behalf of marital community, as president of CYCO.NET, INC.,
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NO. 03-2-20913-9SEA
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1.1 Judgment Creditor: State of Washington
1.2 Judgment Debtors: Cyco.net Inc, and Richard Urrea,
individually, and on behalf of his share of the marital community
1.3 Judgment Amount: $10,000.00
1.5 Post Judgment Interest Rate: 12% per annum
1.6 Attorney for Judgment Creditor: Paula Selis, Senior Counsel
1.7 Attorneys for Judgment Debtor: James Bikoff and David Heasley; Andrew Salter, Washington Counsel
Plaintiff, State of Washington, having commenced this action on April 1, 2003, pursuant to RCW 19.86, The Unfair Business Practices – Consumer Protection Act, and defendants having been personally served with copies of the Summons and Complaint; and
Plaintiff having appeared by and through its attorneys, Christine O. Gregoire, Attorney General; and Paula Selis, Senior Counsel; and defendants having appeared by and through their attorneys, James Bikoff, David Heasley, and Andrew Salter; and having answered and denied the allegations in the Complaint; and
Defendants having represented that defendant Cyco.net, Inc. sold its tobacco-related assets and business to another company in July 2003, and that neither defendants nor any entities with whom defendants are in active concert or participation sell or ship cigarettes to purchasers in the State of Washington; and
Plaintiff and defendants having agreed upon a basis for adjudication of the matters alleged in the Complaint, and having agreed to the entry of this Consent Decree (hereinafter referred to as “Judgment” or “Decree”) and the provisions herein for purposes of settlement pursuant to CR 54; and
The Court having determined there is no just reason for delay in the entry of final judgment against defendants, and being fully advised, it is hereby ordered, adjudged, and decreed as follows:
II. GENERAL
2.1 The Court has jurisdiction of the subject matter of this action and of the parties hereto, and plaintiff’s Complaint states claims upon which relief may be granted under the provisions of Chapter 19.86 RCW, The Unfair Business Practices – Consumer Protection Act.
2.2 For the purposes of this Decree, the term “defendants” shall mean Cyco.net, Inc., and Richard Urrea, individually and on behalf of his share of the marital community.
2.3 For the purposes of this Decree, the term “successor(s)” shall mean a company that (1) has a common identity of officers, directors, and stockholders with defendant Cyco.net, Inc. and (2) has given inadequate consideration for assets transferred, and (3) has acquired all or substantially all of defendant Cyco.net, Inc.’s assets.
2.4 Plaintiff is entitled to a Decree enjoining and restraining defendants, their officers, employees, agents, servants, successors and all persons or entities in active concert or participation with defendants from advertising tobacco or tobacco products of any kind to Washington residents, whether from a location in Washington, or from an out-of state location; selling tobacco or tobacco products of any kind to Washington residents or businesses; from accepting payment from or charging sales to Washington residents or businesses for the sale of tobacco or tobacco products of any kind; and from shipping tobacco or tobacco products of any kind to Washington State addresses.
2.5 Plaintiff is entitled to a Decree ordering defendants to comply with the injunctive provisions described below.
III. JUDGMENT AND DECREE
3.1 It is hereby ADJUDGED, ORDERED, and DECREED as follows:
3.2 Defendants shall immediately inform any successors , assigns, officers, agents, servants, employees, representatives, and all other persons or entities in active concert or participation with defendants of the terms and conditions of this Judgment and Decree. Defendants represent that there are no successors, assigns, or other such persons or entities requiring such notification.
3.3 Defendants and all successors, assigns, officers, agents, servants, employees, representatives, and all other persons or entities in active concert or participation with defendants, if any, are hereby enjoined and permanently restrained in the State of Washington from engaging in the following conduct:
3.3.1 Advertising tobacco or tobacco products of any kind to Washington residents, whether from a location in Washington, or from an out-of-state location.
3.3.2 Selling tobacco or tobacco products of any kind to Washington residents or businesses.
3.3.3 Accepting payment or charging sales for tobacco or tobacco products of any kind, from Washington residents or businesses.
3.3.4 Shipping tobacco or tobacco products of any kind to Washington State addresses.
3.3.5 Engaging in any conduct that violates RCW 19.86, The Unfair Business Practices – Consumer Protection Act.
IV. ATTORNEY’S FEES AND COSTS
4.1 Pursuant to 19.86.080, plaintiff shall recover and defendants shall pay attorney’s costs and fees incurred in pursuing this matter in the amount of $10,000.00.
4.2 Defendants shall bear plaintiff’s reasonable costs, including reasonable attorney’s fees, for enforcing this Decree in any successful action to enforce any of its provisions.
V. TERMS OF PAYMENT
5.1 The sums payable pursuant to paragraph 4.1 shall be payable at the time this Decree is entered, on April 15, 2004.
5.2 Payment shall be made by cashier’s check, made payable to the Attorney General—State of Washington, and shall be delivered to the Office of the Attorney General, 900 Fourth Avenue, Suite 2000, Seattle, Washington 98164, to the attention of Tim Schindele.
VI. ENFORCEMENT
6.1 Pursuant to RCW 19.86.140, any violation of the terms of this Decree may form the basis for further enforcement proceedings.
6.2 The violation of any of the terms of this Decree shall constitute a violation of the Consumer Protection Act, RCW 19.86 et seq.
6.3 Jurisdiction is retained for the purpose of enabling any party to this Decree, with or without the prior consent or approval of the other party, to apply to the Court at any time for the enforcement of compliance therewith, the punishment of violations thereof, or the modification or clarification thereof.
6.4 Nothing in this Decree shall be construed as to limit or to bar any other governmental entity or any other consumer in the pursuit of additional remedies against defendants.
6.5 Representatives of the Office of Attorney General shall be permitted, upon 10
days’ notice to defendants, to access, inspect, and/or copy any business records or documents
under the control of defendants relevant to monitoring defendants’ compliance with paragraphs 3.3.1
through 3.3.4 hereof, subject to a protective order issued by the Court at defendants’ request.
6.6 Under no circumstances shall this Decree or the names of the State of Washington or the Office of the Attorney General, Consumer Protection Division, or any of its employees or representatives be used by defendants’ agents or employees in connection with the promotion of any product or service or an endorsement or approval of defendants’ practices.
6.7 The Court, finding no just reason for delay, hereby expressly directs entry of this Judgment.
DATED this _____ day of _____, 2004.
_______________________________________
JUDGE STEVEN GONZALEZ
Presented by:
CHRISTINE O. GREGOIRE
Attorney General
_______________________________________
PAULA SELIS, WSBA #12823
Senior Counsel
Attorneys for Plaintiff
State of Washington
Agreed to, Approved for Entry, and
Notice of Presentation Waived:
_______________________________________
JAMES BIKOFF
Attorney for Defendant
_______________________________________
ANDREW SALTER, WSBA #11954
Attorney for Defendants
_______________________________________
RICHARD URREA, Defendant
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