NORMAN T. TOMPKINS, M.D.,
and CAROLYN TOMPKINS,

Plaintiffs,

§
§
§
§
§
§
§
§
§
§
§
§

NO. 3-94-CV-0973-BD

This Court's Memorandum Opinion and Order of January 7, 1998, sets aside the jury findings as to all defendants on civil conspiracy, sets aside the jury findings against defendants J.R. Dannemiller, Ann Hollacher and Missionaries to the Pre-Born for intentional infliction of emotional distress, and sets aside the jury findings against defendants Ann Hollacher, Laura Tellier, J.R. Dannemiller, and Missionaries to the Pre-Born for invasion of privacy. The Court's Memorandum Opinion and Order of January 7, 1998, further orders permanent injunctive relief.

In accordance with the jury verdict, and the Court's Memorandum Opinion and Order of January 7, 1998, it is hereby

ORDERED that Norman Tompkins, M.D. as a result of intentional infliction of emotional distress have judgment jointly and severally against and recover from the defendants, Dallas PLAN, Operation Rescue, Thomas Cyr, Phillip Benham, Oldrich Tomanek, also referred to as Oldrich Tominek in various papers on file in this case, and Louis Farinholt the sum of One Million One Hundred Twenty-four Thousand Dollars ($1,124,000.00), together with pre-judgment interest in the amount of Five Hundred Sixty Thousand One Hundred Sixty- One Dollars ($560,161), for a total sum of One Million Six Hundred Eighty-Four Thousand One Hundred Sixty-One Dollars ($1,684,161)

ORDERED that Norman Tompkins, M.D. as a result of invasion of privacy also have judgment jointly and severally against and recover from the defendants Dallas PLAN, Operation Rescue, Thomas Cyr, Phillip Benham, Oldrich Tomanek, also referred to as Oldrich Tominek in various papers on file in this case, and Louis Farinholt the sum of One Million Four Hundred Thousand Dollars ($1,400,000.00), together with pre-judgment interest in the amount of Six Hundred Ninety-Seven Thousand Six Hundred Ninety-Five Dollars ($697,695), for a total sum of Two Million Ninety-Seven Thousand Six Hundred Ninety-Five Dollars ($2,097,695).

ORDERED that Carolyn Tompkins as a result of intentional infliction of emotional distress have judgment jointly and severally against and recover from the defendants, Dallas PLAN, Operation Rescue, Thomas Cyr, Phillip Benham, Oldrich Tomanek, also referred to as Oldrich Tominek in various papers on file in this case, and Louis Farinholt the sum of One Million One Hundred Twenty-Four Thousand Dollars ($1,124,000.00), together with pre- judgment interest in the amount of Five Hundred Sixty Thousand One Hundred Sixty-One Dollars ($560,161), for a total sum of One Million Six Hundred Eighty-Four Thousand One Hundred Sixty-One Dollars ($1,684,161).

ORDERED that Carolyn Tompkins as a result of invasion of privacy also have judgment jointly and severally against and recover from defendants Dallas PLAN, Operation Rescue, Thomas Cyr, Phillip Benham, Oldrich Tomanek, also referred to as Oldrich Tominek in various papers on file in this case, and Louis Farinholt the sum of One Million Four Hundred Thousand Dollars ($1,400,000.00), together with pre-judgment interest in the amount of Six Hundred Ninety-Seven Thousand Six Hundred Ninety-Five Dollars ($697,695), for a total sum of Two Million Ninety-Seven Thousand Six Hundred Ninety-Five Dollars ($2,097,695).

ORDERED that in addition to actual damages and pre-judgment interest, the Plaintiffs Norman T. Tompkins, M.D. and Carolyn Tompkins jointly have judgment against and recover from Defendants' exemplary damages in the following amounts:

Dallas PLAN, One Million One Hundred Four Thousand and Fifty Dollars ($1,104,050.00);

Operation Rescue, One Million One Hundred Forty-Five Thousand Dollars ($1,145,000.00);

Thomas Cyr, One Hundred Seventy Thousand Dollars ($170,000.00);

Phillip Benham, One Hundred Seventy Thousand Dollars ($170,000.00);

Oldrich Tomanek, also referred to as Oldrich Tominek in various papers on file in this case, Eighty Thousand Dollars ($80,000.00);

Louis Farinholt, Eighty-One Thousand Two Hundred Fifty Dollars ($81,250).

IT IS FURTHER ORDERED that Plaintiffs shall take nothing against any Defendants on the Plaintiffs' claims for tortious interference with a residential sales contract, tortious interference with existing and prospective patients, and civil RICO. These claims are dismissed with PREJUDICE.

IT IS FURTHER ORDERED that the Plaintiffs shall take nothing from Richard Blinn, Allen Pavlich, Ann Hollacher, Laura Tellier, J.R. Dannemiller, and Missionaries to the Pre-Born on any and all claims and causes of action asserted by Plaintiffs.

It is further ORDERED that a permanent injunction issue and that Defendants Dallas PLAN, Operation Rescue, Thomas Cyr, Phillip Benham, Oldrich Tomanek, also referred to as Oldrich Tominek in various papers on file in this case, and Louis Farinholt are permanently enjoined from engaging in protest activities at Plaintiffs' residence as follows:

(a) Demonstrations shall be limited to no more than two days in a calendar week. There shall be no more than one demonstration each day to be conducted between the hours of 9:00 a.m. and 6:00 p.m. No demonstrations shall be conducted on Sundays. Each demonstration is limited to twenty minutes in duration.

(b) Defendants shall not come upon, block, obstruct, or impede entry to or exit from any portion of the Plaintiffs' residential property.

(c) Oldrich Tomanek is prohibited from "lurking" within 1500 feet of plaintiffs' residential property between the hours of sunset and sunrise. As used in this order, "lurking" is defined as prowling, lying hidden, keeping plaintiffs under surveillance, or remaining present but out of sight.

(d) Defendants are enjoined from encouraging, soliciting, directing, abetting, or attempting to induce others to engage in conduct or activities contrary to the provisions of this order.

ORDERED that all bonds previously required for temporary injunction are dissolved.
ORDERED that pre-judgment interest shall be paid at the rate of ten percent (10%) simple interest from February 9, 1993 until the date of judgment.
ORDERED that post-judgment interest shall be paid on all amounts awarded herein at the rate of 5.341% compounded annually until paid.

All costs of court are taxed against Dallas PLAN, Operation Rescue, Thomas Cyr, Phillip Benham, Oldrich Tomanek, also referred to as Oldrich Tominek in various papers in this case, and Louis Farinholt, jointly and severally.

THIS IS A FINAL JUDGEMENT. ALL RELIEF NOT SPECIFICALLY GRANTED IS DENIED.
SIGNED this day of , 1998, at Dallas, Texas.

JEFF KAPLAN
UNITED STATES MAGISTRATE JUDGE

AGREED AS TO FORM:

LINDA TURLEY
State Bar No. 20303800
TURLEY & STUTZ, P.C.
610 Turley Law Center
6440 N. Central Expressway
Dallas, TX 75206
phone: 214-691-1880
fax: 214-691-1955
WINDLE TURLEY
State Bar No. 20304000
LAW OFFICES OF WINDLE TURLEY, P.C.
1000 Turley Law Center
6440 N. Central Expressway
Dallas, TX 75206
phone: 214-691-4025
fax: 214-361-5802

ATTORNEYS FOR PLAINTIFFS

WILLIAM CHARLES BUNDREN
State Bar No.03343200
WM. CHARLES BUNDREN & ASSOCIATES, P.C.
P.O. Box 2947
Coppell, TX 75019
phone: 214-630-3555
fax: 214-630-3574

ATTORNEY FOR DEFENDANTS

KELLY G. ROGERS
State Bar No. 17194020
8 Riva Ridge
Frisco, TX 75034
phone:
fax: 972-335-5496

ATTORNEY FOR DEFENDANT LAURA TELLIER