Case 1:08-cv-00994-WTL-DML Document 226-1 Filed 02/10/12 Page 1 of 2 PageID #: 4695

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEVIN B. MCCARTHY, ALBERT H. LANGSENKAMP, and BVM FOUNDATION, INC., ) ) ) ) Plaintiffs-Counterclaim Defendants, ) ) v. ) ) PATRICIA ANN FULLER a/k/a SISTER ) JOSEPH THERESE, and ) PAUL M. HARTMAN, ) ) Defendants-Counterclaimants. ) ) v. ) ) LANGSENKAMP FAMILY APOSTOLATE, ) LARRY YOUNG, STEVEN P. MAZELIN, ) ALAN R. KERSHAW, and THE SIGMA ) MICRO CORPORATION ) ) Counterclaim Defendants. )

Cause No. 1:08-CV-994-WTL-DML

ORDER GRANTING COUNTERCLAIM DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT This matter is before the Court on Counterclaim Defendants Motion for Partial Summary Judgment. The Court, being duly advised, now finds that Counterclaim Defendants Motion for Partial Summary Judgment should be GRANTED. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that: 1. Pursuant to the decrees of the Catholic Church, on August 11, 1982, Fuller

ceased being a member of the Precious Blood Sisters and, since that time, Fuller has not been a member of any religious institute formally recognized by the Catholic Church.

Case 1:08-cv-00994-WTL-DML Document 226-1 Filed 02/10/12 Page 2 of 2 PageID #: 4696

2.

This matter is hereby stayed with regard to the issues relating to the

status/ownership of ecclesiastical property and property rights arising while Sister Ephrem was a nun in order to allow the Catholic Church to address such issues. 3. 4. 5. 6. The defamation claims of Hartman are dismissed with prejudice. The defamation claims of Fuller are dismissed with prejudice. The trade dress claims of Fuller are dismissed with prejudice. Fuller can only assert copyright infringement claims that relate to the

specific works that are protected by U.S. Copyright Reg. Nos. TXu000366731, VAu000297438, and VA0000643362. All other copyright claims are dismissed with prejudice. 7. The RICO claims of Fuller and Hartman are dismissed with prejudice. , 2012.

IT SO IS ORDERED this _____ day of

Judge, United States District Court

Service will be made electronically on all ECF-registered counsel of record via email generated by the Court's ECF system.

I/2442246.1

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