Filed in The District Court of Travis County, Texas CAUSE NO. D-1-GN-17-006533 sf é 2 7S, at M. JOHN PROFANCHIK, SR. AND § INTHE pstuckieaizoamtes JOHN PROFANCHIK, JR. § Plaintiffs, § § v. § ‘TRAVIS COUNTY, TEXAS § JASON L. FRANCE § Defendant, § 459TH JUDICIAL DISTRICT FINAL JUDGMENT AND PERMANENT INJUNCTION On this day came to be considered the above-entitled and numbered cause wherein John Profanchik, Sr. (“Profanchik, Sr.”) and John Profanchik, Jr. (“Profanchik, Jr.”) are the Plaintifis and Jason L, France is the Defendant. Plaintiffs appeared by their.attomey of record and announced ready for trial, Defendant, although having been duly and legally cited to appear and answer, failed to appear and answer. Citation and Plaintiffs’ Original Petition was served according to law and returned to the clerk where it remained on file for the time required by law. Plaintiffs’ First Amended Original Petition was served according to law, and the proof of service of the First Amended Original Petition has remained on file for the time required by law. The Court has read the pleadings and papers on file, and is of the opinion that the allegations asserted in Plaintiffs’ First Amended Original Petition have been admitted and, on good and sufficient evidence presented to the Court, finds as follows: 1. On December 4, 2017, Plaintiffs filed their Original Petition against Defendant in the 459th Judicial District Court of Travis County, Texas. Final Judgment Page 1 of S UC2, On December 11, 2017, Plaintiffs served Defendant with the Original Petition and citation in person, Return of service on Defendant has beeri on file for more than ten days or since December 13, 2017. Defendant's Answer was due on or before 10:00 a.m. on January 2, 2018. Although having been duly served and legally cited to appear and answer, Defendant failed to do so. 3. On January 12, 2018, Plaintiffs filed their First Amended Original Petition. 4, On January 13, 2018, Plaintiffs served Defendant with the First Amended Original Petition in person. Retum of service on Defendant has been on file for more than ten days or since January 16, 2018. Although having been duly served and legally cited to appear and answer, Defendant failed to do so. 5. Defendant’s last known address is 4303 Springhill Estates, Allen, Texas 75002. 6. Defendant is not a member of the United States military. ,7. After considering the evidence presented at the hearing and through affidavit testimony, the Court finds that Plaintiffs’ request for a permanent injunction has merit and should be granted. 8. In support of this injunction, the Court finds the following: + Jason L, France authored and coordinated the publication of Report #1341877 by using the pseudonym “Don Henley.” This false and defamatory review is available at: © https:/Avww.ripoffreport.com/reports/pro-cal-stone/addison-texas-75001/pro-cal- stone-john-profanchik-they-are-rip-off-artists-beware-of-this-man-and-anyone- ass-1341877 Final Judgment Page 2 of 5Jason L. France also authored and coordinated the publication of a false and defamatory Google review available at _https://goo.el/maps/XHJZi2cbyVBBro489, with the pseudonym “Don Henley.” ‘© These reviews contain provable false statements of fact, which are defamatory. Specifically: The statement that Don Henley hired ProCal and Profanchik to do work is false Profanchik and ProCal have never provided goods or services to a person named Don Henley or Jason France. They also do not have any customer experience that fits the scenario articulated by Don Henley. o The statement that ProCal and Profanchik did “aweful” work is false and defamatory because ProCal never had a customer named Don Henley or Jason France. © The statement that ProCal and Profanchik kept asking for more money is false and defamatory because they never had a business relationship with a person named Don Henley or Jason France, and thus were never in a position to demand more money. © The statement that ProCal or Profanchik was fired is false and defamatory because Profanchik would have to have been hired in the first place in order to be fired; however, Profanchik and ProCal never provided services to a Don Henley or Jason France. o The statement that Profanchik “lies” is false and defamatory because the statement is based on a fake customer experience that never happened. Final Judgment Page 3 of S‘© The statement that the public should “beware” Profanchik and anyone associated with him is false and defamatory because it is based on a fake customer experience that never happened. © The statement that the public should “beware” Profanchik, Sr.’s son is false and defamatory. John Profanchik, Sr. has one son named John Profanchik, Jr. who has never worked in or been associated with the ProCal Stone business. co The statement that Don Henley hired Stone Coat of Addison Texas, who “did exactly what they said and at a better price plus the work was amazing” is false because Stone Coat never had a customer under these circumstances. * Profanchik, Sr. and Profanchik, Jr. are private figures. © Profanchik, Sr. and Profanchik, Jr. suffered reputational harm and actual damages. © Defendant Jason L. France acted with actual malice or at a minimum was negligent in not exercising reasonable care to determine to falsity of these statements. IT IS, THEREFORE, ORDERED that the Defendant Jason L. France be, and hereby is, commanded to immediately remove, delete, and de-index the defamatory statements, available at: ~ _ https:lwww.ripoffreport,com/reports/pro-cal-stone/addison-texas-75001 /pro-cal-stone- john-profanchik-they-are-rip-off-artists-beware-of-this-man-and-anyone-ass-1341877, and ~ _ https://goo.2/maps/XHJZi2cbyVBBr0489. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs John Profanchik, Sr. and John Profanchik, Jr. have and recover from Jason L. France the sum of One Thousand Dollars and no Cents ($1,000.00) in actual damages. Final Judgment Page 4 of SAll costs of court spent or incurred in this cause are adjudged against Defendant Jason L. France, ‘The clerk shall forthwith, when so requested by the Plaintiffs, issue a writ of injunction in conformity with the law and the terms of this judgment. Alll writs and processes for the enforcement and collection of this judgment or the costs of court may issue as necessary. This judgment finally disposes of all parties and all claims. SIGNED this 2 day of October, 2019. Final Judgment Page 5 of 5