142372 ‘TEA PARTY PATRIOTS, INC. SUIT NO. , SECTION __ VERSUS 26TH JUDICIAL DISTRICT ROBERT GAUDET AND BLUE BOSSIER PARISH BIRD WIRELESS BROADBAND COMPANY, L STATE OF LOUISIANA PLAINTIFF'S EX PARTE MOTION FOR ‘TEMPORARY RESTRAINING ORDER Plaintiff ‘Tea Party Patriots, Inc. (TPP") moves the Court to issue a temporary restraining order in this matter, The grounds for the issuance of the order are more fully explained in the memorandum in support of this motion and the affidavit of Mark Meckler, attached to this motion as Exhibit “L” TPP represents the following in support of its request: 1 ‘TPP has filed the instant lawsuit against defendants Robert Gaudet and Blue Bird Wireless Broadband Company, LLC (‘Bluebird’)(collectively “defendants”) 2, ‘The claims in this lawsuit and relief requested relate to certain components of TPP's computer system, referred to in TPP’s petition as the “Computer Property.” 8 ‘TPP has invested substantial time and expense in developing the Computer Property and keoping it confidential. The Computer Property constitutes trade secrets belonging to TPP. 4. ‘TPP is concerned that, absent a temporary restraining order from this Court, the defendants will or have the ability to alter, destroy, or disable the Computer Property or TPP’s computer system itself.o we 6. Any such actions by the defendants will certainly result in immediate and irreparable injury to TPP. This is because the Computer Property is crucial to ‘TPP’: activities, its communication with its membership and the efforts relating to the upcoming elections on November 2, 2010, 6 Any alteration, destruction or disabling of any of the Computer Property, would result in damages that likely could not be repaired at any point, and certainly could not be repaired in time for the upcoming elections. 7 TPP also requests that the Court issue the temporary restraining order sought, without notice to the defendants because of the exigent circumstances that exist and because if defendants notified, they might alter, destroy or disable the Computer Property, before this Court has an opportunity to act. 8 ‘The relief requested in this motion is as follows: (a) Requiring that defendants maintain and not take any steps, directly or indirectly, to hide, relocate, destroy, alter or disable (except as ordered by the Court) the Computer Property, as that term is defined in the plaintiff's petition and set out in the Court's order. (b) Requiring that the defendants give complete control to TPP of any websites associated with TPP and not take any steps to interfere with that control; and (© Requiring that defendant Gaudet facilitate and assist in the immediate transfor of all the Computer Property, presently “hosted” by defendant Bluebird, to a vondor selected by TPP. roosts)ms © 0 9, ‘TPP is prepared to post an appropriate amount of socurity, as set by the Court, although suggests to the Court that any such security, given the nature of the claims, should be minimal. 10. ‘TPP has submitted a proposed order with this motion, ‘THEREFORE, for the reasons set forth in this motion, the plaintiff Tea Party Patriots, Inc., requests that the Court issue a Temporary Restraining Order as requested, in the form set out in the proposed order submitted with this motion, Respectfully submitted, Robert C. Tucker (La. Bar Roll No. 02162) Ryan B. Johnson (La. Bar Roll No. 26352), Jones, Walker, Waechter, Poitevent, Carrére & Denégre, LLLP. 8555 United Plaza Boulevard Four United Plaza, Fifth Floor Baton Rouge, LA 70809-7000 Telephone: (225) 248-2000 Facsimile: (225) 248-3080 cand. 4 Sidney Jr. (La, Bar Roll No. 01911) Jarrod J. Trash (La. Bar Roll No, 29453) Cook Yancey, King & Galloway 333 Texas Street, Suite 1700 Shreveport, LA 71120 ‘Tolophone: (818) 221.6277 Paesimnile: (318) 227-7850134872 TEA PARTY PATRIOTS, INC. SUIT NO.__, SECTION __ VERSUS 26TH JUDICIAL DISTRICT ROBERT GAUDET AND BLUE BOSSIER PARISH BIRD WIRELESS BROADBAND COMPANY, LL.C. STATE OF LOUISIANA MEMORANDUM IN SUPPORT OF MOTION FOR ‘TEMPORARY RESTRAINING ORDER Plaintiff Tea Party Patriots, Inc. (“TPP”) has filed a motion asking the Court to issue a temporary restraining order against the defendants. This lawsuit relates to certain computer resources that belong to TPP, defined as the “Computer Property” in TPP’s Verified Petition. Essentially, the purpose of the order is to preserve and prevent the defendants from destroying any of the Computer Property. ‘The order also requires that the defendants assist TPP in moving the Computer Property from defendant Blusbird Wireless Broadband Company, LLC. (*Blucbird’) to another company selected by TPP. SUMMARY OF ARGUMENT ‘The Court should grant the requested TRO, without notice to the defendants, ‘The defendants possess the ability to hide, relocate, alter, destroy and/or disable the Computer Property, if the Court does not restrain their activities. If the defendants took any of these actions before the Court could act, the damages to TPP would be immediate and irreparable, TPP would not be able to use the Computer Property, would not be able to communicate with its membership or organize their efforts for the upcoming elections on November 2, 2010. And, even if the Computer Property could be retrieved, repaired or recreated, this could not be done in time for the clections. The effects on TPP would be disastrous, LAW AND ARGUMENT. ‘The Court is authorized to issue the TRO requested, and to do so without notice to the Defendants.1s4372 Louisiana Code of Civil Procedure Article 3603 provides the standard for granting a temporary restraining order and states in relevant part: A. A temporary restraining order shall be granted without notice when: 2) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition, and ) The applicant's attorney certifies to the court in writing the effort which have been made to give the notice or the reasons supporting his, claim that notice should not be required. ‘Thus, the Code of Civil Procedure specifically authorizes the Court to issue a ‘TRO without notice to the defendants. In Jennings Guest House v. Gibson,} the appellate court found no error in the lower court issuing a TRO without notice because the plaintiff provided an affidavit showing that “prior notice may cause irreparable harm to the plaintiff.” “Irreparable harm or injury generally refers to a loss that cannot be adequately compensated in money damages or measured by a pecuniary standard”? 2, TPP will suffer immediate and irreparable injury if the Court does not enter the requested order. ‘The intangible nature of the Computer Property demonstrates why TPP will suffer immediate irreparable injury, loss or damage if the Court does not act now. ‘The defendants both have the ability to destroy the Computer Property or take steps to render it so useless that TPP's activities before the upcoming elections will, bbe devastated. Furthermore, the facts demonstrate the potential risk to the Computer Property, are real, and not imagined, if the Court doesn't act. As alleged in TPP’s petition, those facts include: Gaudet's complete access to and exclusive control over the Computer Property; Gaudet's refusal to follow direct instructions when * 2007-912 (La.App. 8 Cir. 12/5/07), 971 So.2d 506, 510. 21d. rooese1343 2 employed by TPP; Gaudet’s affiliation with the owners and operators of Bluebird; Gaudet's ability to continue to access and control the Computer Property even after ‘TPP terminates his employment; Gaudet’s direct misrepresentations to TPP about the steps he had supposedly taken to move the Computer Property from Bluebird’s servers; and Gaudet’s ability to destroy, alter or disable the “Visual Basic” files related to TPP’s website. ‘These facts are confirmed by the affidavits of Mark Meckler and Jack Hinman. TPP attached these affidavits to its motion as Exhibits “1” and “2,” respectively. For all these reasons, the plaintiff TPP requests that the Court issue @ temporary restraining order as requested, and in the form of the proposed onder submitted to the Court, Respectfully submitted, Robert C. Tucker (La. Bar Roll No, 02152) ‘Ryan B, Johnson (La. Bar Roll No. 26352) Jones, Walker, Waechter, Poitevent, Carrére & Denégre, L.LP. 8555 United Plaza Boulevard Four United Plaza, Fifth Floor Baton Rouge, LA 70809-7000 ‘Telephone: (225) 248-2000 Facsimile: (225) 248-3080 Jr, (La, Bar Roll No. 01311) ish (La. Bar Roll No. 29453) Cook Yancey, King & Galloway 833 Texas Street, Suite 1700 Shreveport, LA 71120 ‘Telephone: (818) 221-6277 ‘Facsimile: (318) 277-7850 aoe)1342372 TEA PARTY PATRIOTS, INC. SUIT NO., SECTION __ VERSUS 26TH JUDICIAL DISTRICT ROBERT GAUDET AND BLUE BOSSIER PARISH BIRD WIRELESS BROADBAND COMPANY, LLC. STATE OF LOUISIANA TEM Y RESTRAINT! Considering the request for Temporary Restraining Order filed by the plaintiff, Tea Party Patriots, Inc. ("TPP"), the Petition filed in this matter, the affidavit submitted in support of the Plaintiff's request, the applicable law and the arguments of counsel for the plaintiff, the Court finds that the plaintiff is entitled to the issuance of a tomporary restraining order, as follows. For purpose of this Order, the term “Computer Property" means: (a) TPP's website; (b) electronic files and programs related to TPP’s website (including “Visual Basic” files related to creating and operating the website); (¢) the electronic database that includes contact and other information about TPP's members, local organizers, and state and national coordinators; and (@) other computer programs and files that are related to TPP's operations, including programs and files regardless of location of storage. IT IS ORDERED that: (@) Defendants shall maintain and not take any steps, directly or indirectly, to hide, relocate, destroy, alter or disable (except as provided by other orders of the Court) the Computer Property; (®) Defendants shall give complete control to TPP of any websites associated with TPP and not take any steps to interfere with that control; (©) Defendant Gaudet shall facilitate and assist in the immediate transfer of the Computer Property to TPP or a company selected by TPP; and poss “4134372 (@ Defendants shall prove one copy of the Computer Property to TPP and two copies ofthe Computer Property to the Bossier Parish Sheriff's Otice ‘The Court farther finds that this order should be issued with no notie to the Defendants because ofthe exigent circumstances that exist. oe ‘The plaintiff shall post security in the amount of §_ 72 in connection withthe isuance of this order. a Signed at Louisiana, this _/Y “aay of October, 2010 Time ottoounee 226 ZA giAL DISTRICT COURT PLEASE SERVE: ROBERT GAUDET 303 TEALWOOD DR. BOSSIER CITY, LA 71111; AND BLUEBIRD WIRELESS BROADBAND, LLC, THROUGH ITS REGISTERED AGENT FOR SERVICE OF PROCESS, JOHN M. FRAZIER 383 TEXAS STREET SUITE 2350 SHREVEPORT, LA 71101 FILED zen aber Bstaes BOSSIER MARCH, CSUSB caoeetas3y 1s