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David Blockowicz, Mary Blockowicz, and Lisablockowicz v. Joseph David Williams and Michelleramey

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ARGUED SEPTEMBER 23, 2010

Before CUDAHY, FLAUM, and WOOD, Circuit Judges.

David, Mary, and Lisa Blockowicz received an injunction ordering Joseph David Williams and Michelle Ramey to remove defamatory comments they posted about the Blockowiczs on www.ripoffreport.com (“ROR”), among other websites. Williams and Ramey never responded to the injunction, prompting the Blockowiczs to contact the websites on which the statements were posted to secure compliance with the injunction. Every website complied, except for ROR. The Blockowiczs asked the district court that issued the injunction to enforce it against Xcentric Ventures, LLC, (“Xcentric”) the host of ROR, and Ed Magedson, the website’s manager, pursuant to Rule 65(d)(2)(C). The district court declined, and the Blockowiczs appeal the district court’s decision. They argue that Xcentric and Magedson fit within Rule 65(d)(2)(C), and thus should be bound by the injunction, because they had “actual notice” of the injunction, and they were “in active concert or participation” with the defendants in violating the injunction by failing to remove the defamatory statements. We affirm: Xcentric and Magedson were not “in active concert or participation” with the defendants pursuant to Rule 65(d)(2)(C).

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