Canon Solutions America, Inc v. Arvin Gungap et al

Filing 44

PROTECTIVE ORDER and Order for Preservation of Evidence 43 by Judge Josephine L. Staton: IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, as listed in this document. See document for further details. (lwag)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

SOUTHERN DIVISION
CANON SOLUTIONS AMERICA, INC.,
a New York corporation,
v.

Plaintiff,

ARVIN GUNGAP, a citizen of California;
SEMA, Inc., a California Corporation,
CELL BUSINESS EQUIPMENT, d/b/a
CBE and CBE OFFICE SOLUTIONS, a
California corporation; and Does 1-25,
citizens of California,
Defendants.

Case No.: SACV 14-1990-JLS (RNBx)
PRELIMINARY INJUNCTION AND
ORDER FOR PRESERVATION OF
EVIDENCE

1

IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, as follows:

2

1.

Until further order of the Court, Gungap, any of his agents and employees,

3

and all other persons and entities in active concert, participation, or privity with him,

4

shall not:
a.

5

Directly or indirectly use, disclose or transmit for any purpose

6

CSA’s confidential and/or proprietary information or documents, files, or data

7

belonging to CSA, including, but not limited to: CSA’s Confidential

8

Information (as that term is defined in Gungap’s Confidential Information and

9

Intellectual Property Agreement); information pertaining to CSA accounts;

10

CSA customer information; customer preferences; customer plans, inquiries,

11

and bids; CSA’s business dealings; CSA’s business methods or strategies;

12

internal CSA memoranda, emails, or other communications; pricing, volume

13

or discount terms; profitability information; packaging; service agreement

14

expirations; lease expirations; lease and/or service agreements; sales

15

proposals, marketing plans and strategies; past transactions; negotiation

16

histories; invoices; business partner information; potential customers and

17

leads; dealer information; supplier information; information regarding

18

distribution of CSA’s products, product information, and equipment;

19

equipment specifications; systems configurations and networking

20

compatibility information; documents that reflect information about CSA

21

employees; and all other confidential or trade secret business information;
b.

22

Initiate any contact or communication (whether oral, written,

23

electronic, in-person, or otherwise) or engage in or accept any business with

24

any Restricted Customer, which as used herein means, any current or

25

prospective customer of CSA with respect to which (i) Gungap had any

26

responsibility during his employment with CSA or (ii) Gungap had access to

27

CSA’s Confidential Information;

28

///

2 

c.

1

Offer, enter into, or renew any contract or agreement with any

Restricted Customer; and/or

2
3

d.

4

entered into with any Restricted Customer.
2.

5

Take any further action on any contract or agreement previously

Plaintiff shall provide Gungap with the list of Restricted Customers. Other

6

than counsel of record, this list and its contents may not be shown or disclosed to

7

anyone, and such list will be disclosed to Gungap for the sole and limited purpose of his

8

ensuring his compliance with the terms of the order entered pursuant to this Stipulation.

9

Gungap shall take appropriate measure to ensure that the list of Restricted Customers is

10

not disclosed to any other person or entity.
3.

11

If Gungap is contacted by any Restricted Customer, Gungap may inform

12

such Restricted Customer that at the present time he cannot have contact with or engage

13

in business with such customer.
4.

14

Gungap and his agents and employees shall preserve, and not destroy, any

15

evidence relevant to this case, including, without limitation: documents, files and data

16

containing or relating to CSA’s confidential, proprietary, or trade secret information, or

17

that relate in any way to the claims alleged in CSA’s Complaint or the subject matter of

18

this litigation, or any copies of such documents. If Gungap has multiple copies of

19

particular documents, all originals and copies of such documents will be

20

preserved. Gungap will not destroy, discard, or erase any electronic storage devices

21

where such documents have been stored. Gungap is and has been aware that any

22

destruction of evidence, including deletion or alternation of e-mails, text messages,

23

voice messages, files, back-up drives, or any other data or documents, whether in

24

electronic or paper form, will constitute spoliation of evidence and shall subject Gungap

25

to sanctions. Gungap’s preservation obligations shall include, without limitation,

26

//

27

//

28

//
3 

1

preserving in unaltered state any and all electronic devices which Gungap used at any

2

time since January 1, 2014, and which are in Gungap’s possession, custody, or control.

3
4

Dated: May 05, 2015

5

__________________________________
The Honorable Josephine L. Staton
U.S. District Court Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4