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FILED IN OFFICE

AUG 26 2015
IN THE SUPERIOR COURT OF FULTON CO NT
STATE OF GEORGIA
DEPUTY CLERK SUPERIOR COURT
FULTON COUNTY, GA

Mark Mckenna ) CASE NO. 2015 CV 264069


)
Plaintiffs, )
v. ) JUDGE: NEWKIRK
)
Rodolfo Molina, )

Defendant.
)
) FINAL ORDER
)

FINAL JUDGMENT AND PERlVIANENTINJUNCTION


Pursuant to the Stipulation agreed to by the and between the parties to the above-

captioned action Plaintiff Mark Mckenna ("Plaintiff') and Defendant Rodolfo Molina

("Defendant"), and good cause appearing therefore,

IT IS HEREBY ORDERED THAT:


1. This Court has jurisdiction of the subject matter hereof and the parties hereto.

2. Venue is proper in this County.


3. Defendant received a copy of the Summons and Complaint on August _, 2015

and hereby acknowledges service of said Summons and Complaint.


4. Defendant anonymously published Defamatory Statements (defmed below in

paragraph 6) about Plaintiff on the Internet, which are false, defamatory, and constitute libel per
se, and that his doing so was wanton, willful, and malicious. (See Defendant's Statement Under

Oath Attached hereto as Exhibit A).


5. Defendant is ordered to take all actions necessary to remove any Defamatory

Statements published by him from the Internet, including but not limited to, requesting removal
of the Defamatory Statements from the websites where they are posted and from Internet search

engines, including Google, Yahoo!, and Bing the URLs (defined below) where the Defamatory

Statements are published. The Defamatory Statements currently appear at the following URLs
(the "Defamatory URLs"):

a. http://wvvw.ripoffreport.com/r/ shape- wellness-atianta - mark-mckenna -shape-


weliness-shape-wellness-medi-spa-shapemedcom/atianta-georgia-
303421 shape-wellness-atlanta- mark- mckenna-shape-wellness-medi -spa-
shapemedcom-dr-stanton -mark-522100
6. The "Defamatory Statements" include, among others, that:

1. Defendant bought his "fiance a gift certificated at Shape Wellness


(vrvrw.shaptemed.com)" about a year before he published the Ripoff
Report.

11. Defendant and his fiance received "a few followup calls" from Plaintiff
that "led to a complete stalking case, reported with the Atlanta Police
Department."

111. Defendant, to protect his fiance, "pulled public records from the Buckhead
precinct on Dr. Stanton Mark Mckenna", which allegedly showed that
Plaintiff had "been arrested numerous times for stalking and ... even gave
a girls a BLACK EYE!".

IV. The above information was located in the "special notes section of a police
report from early 2009! ! !"

v. Defendant "recently received threatening texts from" Plaintiff.

vi .. Plaintiff runs a "scam" as part of his "medical practice."

VII. Plaintiff is "not afraid of getting arrested."

Vlll. That a medical "board will review and probably reject his license shortly."
(collectively, the "Statements").

7. Defendant published the Defamatory Statements using the anonymous username

"mlawson. "

8. Defendant is ordered to take all necessary action, including requesting removal

from webmasters, Internet service providers, and the Internet search engines Google, Yahoo!,

and Bing, to remove any additional webpages in the future on which the Defamatory Statements

and/or URLs referenced above in paragraph 5 and 6 of this judgment are referenced and/or
...

republished, including but not limited to index, directory, and search results pages.

9. Jurisdiction is retained by the COUlt for the purpose of enabling any party to the

Judgment to apply to the Court at any time for such further orders and directions as may be

necessary or appropriate for the construction of or the carrying out of this Judgment, for the
modification of any of the injunctive provisions hereof, for enforcement of compliance herewith,

and for the punishment of violations hereof, if any, as well as to enforce the terms and conditions

of this Injunction, until defendants' performance thereunder is complete.

10. The clerk is ordered to enter this Judgment forthwith.

IT IS SO ORDERED

ERIORCOURT
FILED IN OFFICE
AUG 26 2015

Court county_~_l~ _
5<ISuperior MM-DD-YYYY
'0 State Docket #

ReportingParty
Last
Nt,~~First
HU1~
Middle I. Suffix Pre
M.
Maiden

Name of DefendantIRespondent(s)
M.tll ..·t\~ ~I) If p
Last First Mlddle I. Suffix Prefix Maiden Last First Liddle 1. Suffix Prefix Maiden

PlaintifflPetitioner's Attorney 0 Pro Se DefendantiRespondent's Attorney ~Pro Se

Last First Middle 1. Suffix Last First Middle 1. Suffix

Bar# l~tfZ,~~
----------~-------- Bar#
--------------------
AWARD
Type of Disposition (Check all that apply)
1. If verdict for Plaintiff, how much was awarded?
1. 0 Pre-Trial Dismissal (specify which type)
A. 0 Involuntary
I~ I I Punative
Com~ensatory I

B. 0 Voluntary (without prejudice)


C. 0 Voluntary (with prejudice) 2. If verdict on cross or counter claims, how much
was awarded?
2. XPre-Trial Settlement
I Comp.ensatory
3. 0 Default Judgment I~ I
4. 0 Summary Judgment
3. Did the court modify the award?
5. 0 Transferred/Consolidated CJ Yes 0 No
6. 0 Bench Trial 4. Were Attorneys fees awarded?
7. 0 Jury Trial (specify outcome further) DYes oNo
A. 0 Dismissal after jury selected
B. 0 Settlement during trial
C. 0 Judgment on Verdict
D. {;d Directed Verdict or JNOV ADR
1. Was ADR utilized?
DYes D No
1. Judgment on Verdict. Was the verdict: 2. If yes, was it (check if applicable)
A. D For Plaintiff(s) [all] o court annexed?
B. 0 For Defendant(s) [all]
o court mandated?

C. 0 Other: (Explain) 3. Did the matter settle after trial for other than
judgment? (Ifknown at the time of this
submission)
CJ Yes 0 No

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