Fidelity Brokerage Services LLC v. Dean Heimbach

Filing 28

STIPULATED PRELIMINARY INJUNCTION ORDER by Judge Andrew J. Guilford: (NOTE CORRECT CASE NUMBER) The Court enters the following preliminary injunction order: (See document for details.) IT IS SO ORDERED. (rla)

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Nina Huerta (SBN 229070)
[e-mail]
Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]

NOTE CORRECT CASE NUMBER

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Locke Lord LLP

300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071

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Jennifer A. Kenedy (admitted pro hac vice)
[e-mail]
Locke Lord LLP
111 South Wacker Drive
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
FIDELITY BROKERAGE SERVICES LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FIDELITY BROKERAGE SERVICES )
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LLC,
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Plaintiff,
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v.
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DEAN HEIMBACH,
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Defendant.
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CASE NO. SACV 13-0573 AG (ANx)
STIPULATED PRELIMINARY
INJUNCTION ORDER
Date: May 13, 2013
Time: 10:00 a.m.
Courtroom 10D
[Stipulation for Entry of Agreed
Preliminary Injunction Order filed
concurrently herewith]

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This Court, having read and considered the parties’ Stipulation for Entry of a

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Preliminary Injunction Order and being fully advised of the premises, hereby finds

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that GOOD CAUSE supports the requested relief and, accordingly, enters the

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following preliminary injunction order:

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AGREED PRELIMINARY INJUNCTION ORDER

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(i)

Heimbach is prohibited from using, disclosing, transmitting and

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continuing to possess for any purpose, including solicitation of customers, the names,

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addresses, and confidential financial information of the Fidelity customers Heimbach

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learned of through his employment with Fidelity;

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(ii)

To the extent he has not already done so, Heimbach shall return to

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Fidelity any and all records, documents and/or information pertaining to Fidelity

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customers, whether in electronic, handwritten or any other form within five (5) days

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of entry of this order, including any and all copies. This requirement includes all

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records or documents, in any form, if created by Heimbach, based on documents or

Locke Lord LLP

300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071

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information that was received or removed from Fidelity by Heimbach;
(iii)

Heimbach shall file a declaration attesting that, in accordance with this

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order, he has returned to Fidelity all information subject to this Order within seven

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(7) days from the entry of this Order; and

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(iv)

This Order is effective immediately and does not require the posting of

an injunction bond.
(v)

The May 13, 2013 hearing in this matter is hereby vacated, and the

parties need not appear.

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IT IS SO ORDERED.
Dated: May _9_, 2013
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The Honorable Judge Andrew Guilford
United States District Judge

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AGREED PRELIMINARY INJUNCTION ORDER