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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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BUNZL DISTRIBUTION
CALIFORNIA, LLC, A VIRGINIA
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STIPULATED PERMANENT
INJUNCTION AND JUDGMENT

Plaintiff,
Judge:
Cormac. J. Carney
Magistrate: Karen E. Scott

v.

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DAN PALACIOS, an individual; and
16 DOES 1 through 100, inclusive,
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Case No. 8:17-cv-273-CJC (KESx)

Complaint Filed: February 14, 2017
Trial Date:
None Set

Defendants.

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Stipulated
Permanent

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Case No. 8:17-cv-273-CJC (KESx)

STIPULATED PERMANENT INJUNCTION

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WHEREAS, on February 23, 2017, Plaintiff Bunzl Distribution
California, LLC d/b/a/ Bunzl Anaheim. (“Bunzl”) filed the above-captioned

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action for injunctive relief against Defendant Dan Palacios (“Palacios”) for,

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among others, violation of the California Uniform Trade Secrets Act and the

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Defend Trade Secrets Act, in connection with his alleged breach of the
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confidentiality agreement between Bunzl and Palacios (collectively the

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“Parties”); and

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WHEREAS, the Parties have resolved their dispute and now wish to

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stipulate and agree to the issuance of a permanent injunction.

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NOW THEREFORE, the Parties stipulate and agree:

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1.

That until a Court with competent jurisdiction otherwise

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orders, Defendant, and anyone working in concert with him, who receives

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actual notice of this Stipulation and Order are hereby permanently

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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

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communicated, publishing or causing to be published, or otherwise disclosing or

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causing to be disclosed to any person, firm, corporation, association, or entity,

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any Confidential Information as defined in paragraph 11 of the Complaint.

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Stipulated
Permanent

B.

Within five (5) days of the entry of this Stipulation and Order,

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Case No. 8:17-cv-273-CJC-KES
STIPULATED PERMANENT INJUNCTION

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(whether original, copied, computerized, or handwritten) that he obtained during
his employment with Bunzl and/or which contain Bunzl’s Confidential

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Information.
C.

Within ten (10) days of the entry of this Stipulation and Order,

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Defendant shall certify, under oath and on a certification form provided by Bunzl
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that: (a) he has not used or disclosed any of Bunzl’s Confidential Information to

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any person or entity; (b) he has returned all records and documents in whatever

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form (whether original, copied, computerized, or handwritten) that he obtained

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during his employment with Bunzl and/or which contain Bunzl’s Confidential

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Information; (c) that he does not possess any records or documents in any form

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(whether original, copied, computerized, or handwritten) that he obtained during

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his employment with Bunzl and/or which contain Bunzl’s Confidential

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Information; (d) that he has retrieved such records or documents (and all copies

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thereof), if any, that he provided to any third party; and (e) that he has complied

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with the non-solicitation provision of this Order from March 2, 2017, through the

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date of this Order.

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D.

From the date of this Order through January 12, 2018, Defendant

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shall not, on Defendant’s own behalf or behalf of any other entity or person,

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directly or indirectly, solicit, sell, distribute, promote, divert, accept, or

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Stipulated
Permanent

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appropriate, or attempt to solicit, sell, distribute, promote, divert, accept or
appropriate products of the kind or nature sold by Bunzl during Defendant’s
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Case No. 8:17-cv-273-CJC-KES
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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,

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Cacique Cheese.
E.

From the date of this Order through July 12, 2018, Defendant shall

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not, on Defendant’s own behalf or behalf of any other entity or person, directly or
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indirectly, solicit, sell, distribute, promote, divert, accept, or appropriate, or

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attempt to solicit, sell, distribute, promote, divert, accept or appropriate products

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of the kind or nature sold by Bunzl during Defendant’s employment with Bunzl,

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to, or have any contact whatsoever, with any of the following customers:

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Northgate.

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F.

From the date of this Order through January 12, 2018,

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Defendant shall not, on Defendant’s own behalf or behalf of any other

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entity or person, directly or indirectly, solicit for employment or employ any

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employee of Bunzl.
F.

Palacios shall pay Bunzl the sum of $3,000.00 within ten (10) days

of the entry of this Order.

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G.

In the event Palacios violates the terms of this Stipulation and

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Order, Bunzl shall be entitled to immediate injunctive relief and recovery of any

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and all damages resulting from the violation(s), and all other damages allowable

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Stipulated
Permanent

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by law and in equity, including liquidated damages in the amount of FIVE
THOUSAND DOLLARS and ZERO CENTS ($5,000.00) per violation.
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Additionally, Palacios shall indemnify the Bunzl from any loss or liability
resulting from such violation(s) or threatened violation of this Stipulation and

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Order, including but not limited to any and all attorneys’ fees and costs incurred

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in redressing such violation and enforcing this Stipulation and Order.

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IT IS SO STIPULATED
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DATED: July 21, 2017

OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

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By: /s/ Sean Paisan
Vince M. Verde
Sean Paisan

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Attorneys for Plaintiff BUNZL
DISTRIBUTION CALIFORNIA, LLC

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DATED: July 19, 2017

DEFENDANT DAN PALCIOS

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By: /s/Dan Palacios
Dan Palacios, Defendant

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SO ORDERED

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Dated this 25th day of July, 2017.

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Stipulated
Permanent

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___________________________________
Judge Cormac. J. Carney
United States District Judge
30343572.1

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