SCAN Health Plan v. John Doe

Filing 95

ORDER GRANTING STIPULATED INJUNCTION RELATING TO DEFENDANT GIOVANNI CRUZ RE SCAN'S CONFIDENTIAL BUSINESS INFORMATION (SEE SPECIFICS AS TO COMPLIANCE REQUIREMENTS AND DEADLINES) 93 by Judge Michael W. Fitzgerald (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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12 SCAN HEALTH PLAN,
a California corporation,
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Plaintiff,
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v.
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BRADLEY JOSEPH LINA, an
16 individual, CHRISTOPHER JOSEPH
MORRIS, an individual, ERIK
17 PEREZ, an individual, GIOVANI
CRUZ, an individual, NEWLAND
18 ADAM’S INSURANCE AGENCY
LLC, a California company, and JOHN
19 DOE 7 THROUGH 10, whose true
names are unknown,
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Defendants.
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CASE NO. 2:16-cv-06257-MWF-JEM
The Honorable Michael W. Fitzgerald
ORDER GRANTING STIPULATED
INJUNCTION RELATING TO
DEFENDANT GIOVANI CRUZ

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ORDER GRANTING STIPULATED
INJUNCTION RELATING
TO DEFENDANT GIOVANI CRUZ

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ORDER
Upon stipulation of Plaintiff SCAN Health Plan (“SCAN”) and Defendant

3 Giovani Cruz (“Cruz”) (collectively, the “Parties”), the Court hereby GRANTS
4 the Parties’ submitted Stipulated Injunction Relating to Defendant Giovani Cruz
5 (the “Stipulated Injunction”). IT IS HEREBY ORDERED AS FOLLOWS:
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1.

This Court has personal and subject matter jurisdiction over the

7 Parties.
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2.

Cruz (and any other person or entity acting at his direction, under his

9 control, or on his behalf, who receive actual notice of this Order and Stipulated
10 Injunction by personal service or otherwise) is permanently enjoined from using,
11 for any purpose, any of SCAN’s confidential business information, including but
12 not limited to (i) information concerning, relating to, or constituting SCAN’s trade
13 secrets; (ii) the identification, contact information, or personal information of
14 SCAN’s customers or prospective customers; (iii) any information maintained or
15 stored in any electronic database by SCAN directly or indirectly, (iv) any other
16 information of commercial value received from SCAN directly or indirectly;
17 and/or (v) all types of information set forth in 18 U.S.C. § 1839(3), Cal. Penal
18 Code § 499c(a)(9), Cal. Civil Code § 3426.1(d), and/or Cal. Evidence Code §
19 1061(a)(1) (collectively, “SCAN’s Confidential Business Information”).
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3.

No later than 30 days after the filing of the Stipulated Injunction by a

21 Party, Cruz shall provide written certification attesting that Cruz (and all other
22 persons or entities acting at his direction, under his control, or on his behalf) has
23 returned, destroyed, or otherwise does not and will not have any access whatsoever
24 to any of SCAN’s Confidential Business Information (or its duplicates or
25 derivatives), and providing a detailed narrative of the manner in which Cruz
26 destroyed, returned, or otherwise ensured that he does not and will not have any
27 such access. Within 7 days after the later of (a) the entry of the Stipulated
28 Injunction and (b) SCAN’s receipt of a satisfactory certification from Cruz in
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ORDER GRANTING STIPULATED
INJUNCTION RELATING
TO DEFENDANT GIOVANI CRUZ

1 accordance with this Paragraph 3, SCAN will dismiss Cruz without prejudice from
2 the Lawsuit.

If Cruz’s certification fails to satisfy the requirements of this

3 Paragraph 3, SCAN will meet and confer with Cruz or his counsel to discuss what
4 further assurances may be necessary.
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4.

This Court will retain jurisdiction over this action and over the Parties

6 in order to enforce the terms of the Stipulated Injunction.
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IT IS SO ORDERED.

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9 DATED: July 2, 2020
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MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING STIPULATED
INJUNCTION RELATING
TO DEFENDANT GIOVANI CRUZ