Bunzl Distribution, LLC v. Dan Palacios et al

Filing 16

STIPULATED PERMANENT INJUNCTION AND JUDGMENT filed by Judge Cormac J. Carney. (MD JS-6. Case Terminated) (twdb)

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1 2 3 JS-6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 BUNZL DISTRIBUTION CALIFORNIA, LLC, A VIRGINIA 12 CORPORATION 13 14 STIPULATED PERMANENT INJUNCTION AND JUDGMENT Plaintiff, Judge: Cormac. J. Carney Magistrate: Karen E. Scott v. 15 DAN PALACIOS, an individual; and 16 DOES 1 through 100, inclusive, 17 Case No. 8:17-cv-273-CJC (KESx) Complaint Filed: February 14, 2017 Trial Date: None Set Defendants. 18 19 20 21 22 23 24 25 26 Stipulated Permanent 27 28 Case No. 8:17-cv-273-CJC (KESx) STIPULATED PERMANENT INJUNCTION 1 2 WHEREAS, on February 23, 2017, Plaintiff Bunzl Distribution California, LLC d/b/a/ Bunzl Anaheim. (“Bunzl”) filed the above-captioned 3 4 action for injunctive relief against Defendant Dan Palacios (“Palacios”) for, 5 among others, violation of the California Uniform Trade Secrets Act and the 6 Defend Trade Secrets Act, in connection with his alleged breach of the 7 8 confidentiality agreement between Bunzl and Palacios (collectively the 9 “Parties”); and 10 11 WHEREAS, the Parties have resolved their dispute and now wish to 12 stipulate and agree to the issuance of a permanent injunction. 13 NOW THEREFORE, the Parties stipulate and agree: 14 15 1. That until a Court with competent jurisdiction otherwise 16 orders, Defendant, and anyone working in concert with him, who receives 17 actual notice of this Stipulation and Order are hereby permanently 18 19 20 21 restrained and enjoined as follows: A. Defendant is permanently enjoined and restrained from using, divulging, or causing to be divulged, communicating or causing to be 22 23 communicated, publishing or causing to be published, or otherwise disclosing or 24 causing to be disclosed to any person, firm, corporation, association, or entity, 25 any Confidential Information as defined in paragraph 11 of the Complaint. 26 27 Stipulated Permanent B. Within five (5) days of the entry of this Stipulation and Order, 28 Defendant shall return to Bunzl all records and documents in whatever form 1 Case No. 8:17-cv-273-CJC-KES STIPULATED PERMANENT INJUNCTION 1 2 (whether original, copied, computerized, or handwritten) that he obtained during his employment with Bunzl and/or which contain Bunzl’s Confidential 3 4 5 Information. C. Within ten (10) days of the entry of this Stipulation and Order, 6 Defendant shall certify, under oath and on a certification form provided by Bunzl 7 8 that: (a) he has not used or disclosed any of Bunzl’s Confidential Information to 9 any person or entity; (b) he has returned all records and documents in whatever 10 11 form (whether original, copied, computerized, or handwritten) that he obtained 12 during his employment with Bunzl and/or which contain Bunzl’s Confidential 13 Information; (c) that he does not possess any records or documents in any form 14 15 (whether original, copied, computerized, or handwritten) that he obtained during 16 his employment with Bunzl and/or which contain Bunzl’s Confidential 17 Information; (d) that he has retrieved such records or documents (and all copies 18 19 thereof), if any, that he provided to any third party; and (e) that he has complied 20 with the non-solicitation provision of this Order from March 2, 2017, through the 21 date of this Order. 22 23 D. From the date of this Order through January 12, 2018, Defendant 24 shall not, on Defendant’s own behalf or behalf of any other entity or person, 25 directly or indirectly, solicit, sell, distribute, promote, divert, accept, or 26 27 Stipulated Permanent 28 appropriate, or attempt to solicit, sell, distribute, promote, divert, accept or appropriate products of the kind or nature sold by Bunzl during Defendant’s 2 Case No. 8:17-cv-273-CJC-KES STIPULATED PERMANENT INJUNCTION 1 2 employment with Bunzl, to, or have any contact whatsoever, with any of the following customers: Super A, KV Mart/Buy Low, Super King, Vintage Grocers, 3 4 5 Cacique Cheese. E. From the date of this Order through July 12, 2018, Defendant shall 6 not, on Defendant’s own behalf or behalf of any other entity or person, directly or 7 8 indirectly, solicit, sell, distribute, promote, divert, accept, or appropriate, or 9 attempt to solicit, sell, distribute, promote, divert, accept or appropriate products 10 11 of the kind or nature sold by Bunzl during Defendant’s employment with Bunzl, 12 to, or have any contact whatsoever, with any of the following customers: 13 Northgate. 14 15 F. From the date of this Order through January 12, 2018, 16 Defendant shall not, on Defendant’s own behalf or behalf of any other 17 entity or person, directly or indirectly, solicit for employment or employ any 18 19 20 21 employee of Bunzl. F. Palacios shall pay Bunzl the sum of $3,000.00 within ten (10) days of the entry of this Order. 22 23 G. In the event Palacios violates the terms of this Stipulation and 24 Order, Bunzl shall be entitled to immediate injunctive relief and recovery of any 25 and all damages resulting from the violation(s), and all other damages allowable 26 27 Stipulated Permanent 28 by law and in equity, including liquidated damages in the amount of FIVE THOUSAND DOLLARS and ZERO CENTS ($5,000.00) per violation. 3 Case No. 8:17-cv-273-CJC-KES STIPULATED PERMANENT INJUNCTION 1 2 Additionally, Palacios shall indemnify the Bunzl from any loss or liability resulting from such violation(s) or threatened violation of this Stipulation and 3 4 Order, including but not limited to any and all attorneys’ fees and costs incurred 5 in redressing such violation and enforcing this Stipulation and Order. 6 IT IS SO STIPULATED 7 8 DATED: July 21, 2017 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 9 10 11 By: /s/ Sean Paisan Vince M. Verde Sean Paisan 12 13 Attorneys for Plaintiff BUNZL DISTRIBUTION CALIFORNIA, LLC 14 15 DATED: July 19, 2017 DEFENDANT DAN PALCIOS 16 17 By: /s/Dan Palacios Dan Palacios, Defendant 18 19 20 __ 21 22 SO ORDERED 23 24 Dated this 25th day of July, 2017. 25 26 27 Stipulated Permanent 28 ___________________________________ Judge Cormac. J. Carney United States District Judge 30343572.1 4 Case No. 8:17-cv-273-CJC-KES STIPULATED PERMANENT INJUNCTION

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