CVS Pharmacy, Inc. et al v. George Kridner

Filing 17

PRELIMINARY INJUNCTION by Judge Josephine L. Staton. (mba)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. 8:15-cv-00144-JLS-DFM

CVS PHARMACY, INC. and
CAREMARK L.L.C.,

PRELIMINARY INJUNCTION

Plaintiffs,

Complaint filed: January 30, 2015

vs.
GEORGE KRIDNER,
Defendant.

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ORDER

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The Court, having considered the stipulation entered into by Defendant

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George Kridner and Plaintiffs CVS Pharmacy, Inc. and Caremark L.L.C.

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(“Plaintiffs”) hereby grants Plaintiffs’ preliminary injunction against Kridner

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pursuant to the terms of the stipulation, as follows:

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WHEREAS, Plaintiff’s CVS Pharmacy, Inc. and Caremark L.L.C.

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(collectively referred to hereinafter as “CVS”) filed its Complaint against

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Defendant George Kridner (“Kridner”) on January 30, 2015;

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WHEREAS, on February 18, 2015, Kridner, through his undersigned

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counsel, has agreed to work diligently to return any CVS trade secrets and

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confidential information that he may still have in his possession and safeguard that

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information from disclosure;

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WHEREAS, CVS and Kridner wish to resolve this matter promptly;

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WHEREAS, CVS wishes to ensure its intellectual property rights are

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protected;
WHEREAS, to facilitate a prompt and fair resolution, Kridner wishes to
consent to the entry of a preliminary injunction.

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NOW, THEREFORE, CVS AND KRIDNER AGREE AND STIPULATE

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that Kridner shall be and hereby is enjoined and restrained during the pendency of

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this action from directly or indirectly doing any and all of the following:

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1.

Violating the terms of his May 16, 2012 “CVS Caremark Corporation

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– 2012 California Employee Unfair Competition, Non-Disclosure and

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Developments Agreement”;

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2.

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Violating the terms of his April 24, 2014 “CVS Pharmacy, Inc.
Restrictive Covenant Agreement”;

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Accessing, disclosing, making available to any person or entity (other

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than CVS or its counsel), or using any CVS confidential and/or trade

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secret information that Kridner obtained while employed by CVS,
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including, but not limited to, the information Kridner emailed from his

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CVS account to his personal email address at [e-mail];

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4.

Altering, destroying or disposing of any evidence, in any form, relating

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to this action, including, but not limited to, email and paper and

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electronic documents. Electronic documents include any current or

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achieved electronic logs, metadata, and directories.

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CVS AND KRIDNER FURTHER AGREE AND STIPULATE to the
following:
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Kridner will deliver to CVS on a mutually agreeable schedule all

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remaining copies of documents in his possession, custody or control,

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whether in paper form or stored in an electronic medium, that contains

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CVS’s confidential information and/or trade secrets that he has not

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already returned to CVS, including, but not limited to all documents

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that contain information sent in the emails from his CVS account to his

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personal email account at [e-mail];

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6.

Kridner will make available for inspection on a mutually agreeable

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schedule his personal electronic devices (e.g., computers, external hard

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drives, thumb drives, smart phones), Yahoo account, and any other

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web-based file sharing or email account in his control;

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7.

Kridner will cooperate with CVS in identifying and ensuring the

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removal of CVS’s confidential and/or trade secret information from all

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personal electronic devices, email accounts and any other web-based

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file sharing accounts in his control;

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8.

Kridner will take all necessary steps to preserve documents, data,

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tangible things, and other materials relating to this action, including,

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but not limited to, any emails and paper and electronic documents.

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Electronic documents include any current or achieved electronic logs,

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metadata, and directories;
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9.

Kridner will provide CVS notice through his counsel of record if he

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accepts employment (whether as an employee or as an independent

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contractor) so that CVS may send a letter to inform Kridner’s

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employer that during his employment with CVS he had access to

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certain confidential trade secret information. A sample of this letter is

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attached hereto as Exhibit A. This provision shall remain in effect

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until December 31, 2015, the conclusion of trial in this matter or the

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dismissal of this case, whichever occurs last. In the event Kridner’s

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future employer seeks clarification regarding any issue mentioned in

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this letter, unless specifically questioned about it, CVS will not discuss

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this lawsuit or issues and allegations contained therein with Kridner’s

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future employer. Upon termination of this provision Kridner will no

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longer be required to provide notice of employment and CVS will no

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longer automatically send this letter to any of Kridner’s future

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employers, but with reasonable justification it reserves the right to take

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any and all appropriate actions to protect its trade secret information;

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10.

CVS will only provide information concerning Kridner’s dates of

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employment and the positions he held in response to any reference

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requests about his employment with CVS;

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11.

The provisions of the foregoing preliminary injunction, except

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paragraph 9, shall remain in force and effect until entry of a stipulated

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permanent injunction, the conclusion of trial in this matter or the case

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is dismissed, whichever occurs first;

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12.

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No bond shall be required for the entry of the preliminary injunction
described herein;

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The parties will not conduct any discovery and will request this Court

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to stay the Rule 26(f) discovery conference until after CVS inspects

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Kridner’s personal electronic devices (e.g., computers, external hard
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drives, thumb drives, smart phones), Yahoo account, and any other

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web-based file sharing or email account in his control;

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14.

In the event CVS is able to determine that Kridner no longer has

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possession, custody or control over any of its confidential and/or trade

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secret information, and that Kridner never misappropriated any of

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CVS’s trade secret information, both parties will agree to a mutual

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resolution, in which CVS will dismiss this action, Kridner will release

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any and all claims he may bring against CVS and neither party will

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seek recovery of its attorney fees and costs.

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IT IS SO ORDERED.

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Dated: April 30, 2015

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____________________________________
Hon. Josephine L. Staton
United States District Judge

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