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Interloc Solutions, Inc v. Technology Associates International Corporation et al - Document No. 10

Interloc Solutions, Inc v. Technology Associates International Corporation et al - Document No. 10

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Published by Justia.com
ORDER signed by Judge Ronald S. W. Lew on 8/7/07: The Motion For Temporary Restraining Order is GRANTED 7. Motion Hearing set for 8/17/2007 at 10:00 AM in Courtroom 7 before Senior Judge Ronald S.W. Lew. (Kaminski, H) 2:2007cv01534 California Eastern District Court
ORDER signed by Judge Ronald S. W. Lew on 8/7/07: The Motion For Temporary Restraining Order is GRANTED 7. Motion Hearing set for 8/17/2007 at 10:00 AM in Courtroom 7 before Senior Judge Ronald S.W. Lew. (Kaminski, H) 2:2007cv01534 California Eastern District Court

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Published by: Justia.com on Apr 30, 2008
Copyright:Public Domain

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
INTERLOC SOLUTIONS,
)
INC.,
))
Plaintiff,
))
v.
)))
TECHNOLOGY ASSOCIATES
)
INTERNATIONAL
)
CORPORATION, WALT
)
OLESKY, CHARLES

) JOHNSON, CHRIS RHODES, ) MICHAEL NUTT and

)
DOES 1 THROUGH 10,
)
inclusive,
)))
Defendants.
))
________________________)
CV 07-1534 LEW (GGH)

ORDER GRANTING
TEMPORARY RESTRAINING
ORDER

Plaintiff Interloc Solutions, Inc. filed a Motion for
Temporary Restraining Order on July 30, 2007. Having
considered the papers submitted on the issue, THE COURT NOW

FINDS AND RULES AS FOLLOWS:
Case 2:07-cv-01534-LEW-GGH Document 10
Filed 08/07/2007 Page 1 of 5
Interloc Solutions, Inc v. Technology Associates International Corporation et al
Doc. 10
Dockets.Justia.com
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Plaintiff has presented evidence that Defendants have
improperly obtained Plaintiff's computer files containing
Plaintiff's confidential, proprietary information and trade
secrets. Defendants' possession of these materials is
allegedly injuring Plaintiff's competitive edge with its
customers. Plaintiff's evidence further indicates that
Defendants are continuing to improperly contact Plaintiff's
current employees. At least one additional employee has
left Plaintiff to work for Defendant Technology Associates
International Corporation, since Defendants Johnson, Rhodes
and Nutt left.

The evidence before the court indicates a high
probability of success on the merits in establishing
Plaintiff's causes of action under the Computer Fraud and
Abuse Act, 18 U.S.C. Sections 1030(a)(4), (g) and
1030(a)(5)(B)(I), (g), misappropriation of trade secrets
under California Civil Code Section 3426 et seq., and common
law, breach of confidence, breach of fiduciary duty, breach
of the duty of loyalty, fraud, conversion, intentional
interference with contractual relations, intentional
interference with economic relations, and unfair
competition.

Plaintiff has also provided substantial evidence that it is suffering, and will continue to suffer, irreparable harm absent a restraining order.

In contrast, compliance
with the restraining order will only move Defendants back
Case 2:07-cv-01534-LEW-GGH Document 10
Filed 08/07/2007 Page 2 of 5
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toward the status quo ante the occurrence of the events that
gave rise to this motion. Given these considerations, the
balance of equities favors granting the motion.

IT IS HEREBY ORDERED THAT:
The Motion For Temporary Restraining Order is GRANTED
as follows:

Defendants are ENJOINED to return to Plaintiff all data
and information that Defendants obtained from Plaintiff's
computer between July 13, 2007 and July 16, 2007, and any
copies Defendants may have made from them. Defendants must
deliver these files in any and all forms, including copies
of any and all parts, to Plaintiff by August 9, 2007.
Defendants must thereafter immediately permanently delete
and destroy all copies remaining on any computer systems,
discs, hard drives, etc.

Defendants are FURTHER ENJOINED from using or disclosing any of the information contained in the downloaded information or on the Interloc laptops.

IT IS FURTHER ORDERED THAT:

Defendants are RESTRAINED AND ENJOINED from
communicating by any means, including, but not limited to,
communication in person, in writing, by telephone, e-mail,
voice-mail, text-message or any other electronic
communication, with any of Interloc's current employees

Case 2:07-cv-01534-LEW-GGH Document 10
Filed 08/07/2007 Page 3 of 5

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