GEA Farm Technologies, Inc. v. Peeples

Filing 28

ORDER Pursuant to 27 Stipulation Granting Temporary Restraining Order and Setting Briefing Schedule on Motion for Preliminary Injunction, signed by District Judge Dale A. Drozd on 6/14/2018. (Hearing on 2 motion for preliminary injunction is for set for 9/5/2018, at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEA FARM TECHNOLOGIES, INC., a
Delaware corporation,
Plaintiff,

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v.

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No. 1:18-cv-00756-DAD-EPG

STEVEN PEEPLES, an individual; and
DOES 1 through 10, exclusive,

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Defendants.

ORDER PURSUANT TO STIPULATION
GRANTING TEMPORARY RESTRAINING
ORDER AND SETTING BRIEFING
SCHEDULE ON MOTION FOR
PRELIMINARY INJUNCTION
(Doc. No. 27)

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On June 4, 2018, GEA Farm Technologies, Inc. (“plaintiff”) filed the complaint in this

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action against Steven Peeples (“defendant”). (Doc. No. 1.) At the same time plaintiff filed a

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motion for temporary restraining order (“TRO”) and/or preliminary injunction seeking an order

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prohibiting defendant from using or destroying plaintiff’s allegedly confidential information, as

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well as other preliminary relief. (Doc. No. 2.) On June 6, 2018, the court set a hearing on the

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motion for a TRO on June 12, 2018. (Doc. No. 7.) Defendant filed an opposition to plaintiff’s

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motion on June 12, 2018. (See Doc. No. 18.) Plaintiff filed a reply on June 12, 2018. (Doc. No.

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19.)

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At the June 12, 2018 hearing on the motion for a TRO, attorneys Jack McCann, Megan
Burnett, and Andrew Jaramillo appeared telephonically on behalf of plaintiff and attorney
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Howard Sagaser appeared in person on behalf of defendant. (Doc. No. 23.) Near the conclusion

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of the hearing, the possibility of the parties agreeing to a stipulated TRO and a proposed briefing

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schedule for the motion for preliminary injunction was discussed. (See id.) On June 13, 2018,

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the parties filed such a stipulation and proposed order. (Doc. No. 27.)
The court has reviewed the parties’ stipulation and pursuant thereto finds it appropriate to

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order the following:1

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1. Defendant shall refrain from deleting, destroying, tampering with, or removing any

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GEA files that are in his possession, custody, or control including, but not limited

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to, those that reside on any email accounts (including, but not limited to, the email

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account [e-mail]), servers, computers, external drives or other

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devices in defendant’s personal possession, custody and control (collectively

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“Peeples’ accounts and devices”);

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2. Effective upon the entry of this order, defendant shall not access or use for any

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purpose, or otherwise disclose or transmit to any person any GEA files, except that

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he may disclose GEA files to his counsel for purposes of defending this litigation

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under the guidance of the stipulated protective order (Doc. No. 24);

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3. GEA will not distribute copies of this stipulation and order to any third parties,

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without first obtaining permission of the court. This order shall remain in effect

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until whichever is earlier: a ruling on GEA’s motion for preliminary injunction or

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any final resolution and dismissal of this case;

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For purposes of this stipulation and order, the term “GEA files” shall mean any form of paper
or electronic files or records pertaining to GEA’s business that defendant had access to, or
otherwise obtained during the course of his former employment, or has otherwise obtained prior
to the date of this order. The GEA files include, but are not limited to, the eleven GEA files
identified in Exhibit 1 to the Declaration of Amy Verhoeven (Doc. No. 2-9).
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4. The court adopts this modified version of the briefing schedule stipulated to by the

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parties (See Doc. No. 27 at 3–4):

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June 25, 2018: Deadline for exchange of preliminary witness lists.

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June 25, 2018–July 16, 2018: Limited discovery period.2

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July 20, 2018: Deadline for filing supplemental briefing in support of and
in opposition to the motion for preliminary injunction (Doc. No. 2).3

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•

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Two weeks prior to the hearing date for the motion for preliminary

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injunction, the parties will exchange final witness lists and exhibit lists for

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use in the preliminary injunction hearing.
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preliminary injunction.4

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September 5, 2018 at 1:30 p.m.: Hearing date on the motion for

IT IS SO ORDERED.

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Dated:

June 14, 2018
UNITED STATES DISTRICT JUDGE

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The parties agree to meet confer regarding an agreed scope and form of discovery limited to the
issues raised by the motion for preliminary injunction. If unable to reach agreement, the parties
will notify Magistrate Judge Erica P. Grosjean of any disagreements on or before June 25, 2018
and seek a teleconference hearing with Magistrate Judge Grosjean to promptly resolve any such
disputes.

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As stipulated by the parties, the supplemental briefs are designed simply to supplement and not
replace the previously filed application for a TRO, opposition, and reply. The parties will file the
supplemental briefs simultaneously, and the supplemental briefs are limited to ten pages in length.
Responses to points raised in the supplemental briefs shall be addressed at the hearing on the
motion for preliminary injunction, and no additional written memoranda will be filed prior to the
hearing.

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This hearing date was selected because the undersigned is currently scheduled to be in trial
continuously from August 7, 2018 through the end of the month. If the parties desire to advance
the hearing, they may remain in contact with the undersigned’s courtroom deputy by email to
determine if any of the currently scheduled trials do not go forward allowing this hearing to be
advanced. In addition, although the parties requested a full-day evidentiary hearing, out of
necessity due to its heavy docket, the court must limit the hearing to a maximum of three hours.
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