Farmers Insurance Exchange, et al v. Steele Insurance Agency Inc., et al

Filing 95

STIPULATED PERMANENT INJUNCTION signed by Chief Judge Morrison C. England, Jr on 3/23/15. CASE CLOSED. (Manzer, C)

1 Royal F. Oakes (SBN 080480)
[e-mail]
2 Royal F. Oakes (SBN 080480)
[e-mail]
3 HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
4 Los Angeles, CA 90071-2043
Telephone: [phone]
5 Facsimile: 213-614-7399
6 Attorneys for Plaintiffs
Farmers Insurance Exchange, Truck Insurance
7 Exchange, Fire Insurance Exchange, Mid-Century
Insurance Company and Farmers New World Life
8 Insurance Company
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 FARMERS INSURANCE EXCHANGE, an
inter-insurance exchange; TRUCK
13 INSURANCE EXCHANGE, an interinsurance exchange; FIRE INSURANCE
14 EXCHANGE, an inger-insurance exchange;
MID-CENTURY INSURANCE
15 COMPANY, a corporation; and FARMERS
NEW WORLD LIFE INSURANCE
16 COMPANY, a corporation,
Plaintiff,
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Case No. 2:13-cv-00784-MCE-DAD
STIPULATED PERMANENT
INJUNCTION AND ORDER

vs.

19 STEELE INSURANCE AGENCY, INC., a
California corporation; TROY STEELE, an
20 individual; TED BLALOCK, an individual;
LARRY MCCARREN, an individual; BILL
21 HENTON, an individual; CINDY JO
PERKINS, an individual; and DOES 1
22 through 50, inclusive,
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Defendant.

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HINSHAW & CULBERTSON
633 West 5th Street, 47th Floor
Los Angeles, CA 90071-2043
213-680-2800

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Pursuant to the signed agreement filed March 19, 2015 (ECF No. 94),

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Defendants Steele Insurance Agency, Inc., Troy Steele, Ted Blalock, Larry

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McCarren, Bill Henton and Cindy Jo Perkins (“Defendants”) and Plaintiffs Farmers

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Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-

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Century Insurance Company, and Farmers New World Life Insurance Company (“

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“Farmers”), by and through their attorneys of record, stipulate as follows:

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WHEREAS Farmers brought an action against Defendants seeking, among
other things, injunctive relief; and
WHEREAS, Farmers and Defendants seek to resolve all issues, claims, and
controversies between them arising from this action;
WHEREAS, Farmers and Defendants, by and through their attorneys of

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record, have entered into a Settlement Agreement and Release, pursuant to which

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they have stipulated and agreed, among other things, that this Stipulated Permanent

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Injunction may be entered by the Court in favor of Farmers and against Defendants;

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THEREFORE, based upon the stipulation of Farmers and Defendants, the
Court hereby orders as follows:
1. Defendants, their agents, employees, and all those acting in concert with
them who receive actual notice of this Order shall:
a. Immediately cease and desist accessing, utilizing, divulging, or making use
in any manner, confidential trade secret information relating to the identity of,
or any information regarding, Farmers policyholders;
b. Defendants shall immediately cease and desist duplicating, copying,
condensing, or summarizing trade secret policyholder information obtained
from Farmers’ computer database or from hard copy or electronic files of
former Farmers agents;

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c. Immediately cease and desist duplicating, copying, condensing, or

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summarizing information obtained from Farmers’ computer databases or the

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files of former Farmers agents that pertains to policyholder expirations or

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other policyholder information; and
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d. Immediately cease and desist disseminating, transferring, publishing, or

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communicating to any other person, including competing insurance carriers,

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Farmers’ trade secret policyholder information.

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2. Defendants will immediately report to Plaintiffs any violations of

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Paragraph 1.

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3. Defendants shall not, directly or indirectly through their employees, agents

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or independent contractors, solicit or induce any current Farmers producer, agent or

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district manager to terminate their contract with Farmers and/or to become

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appointed with the Steele Insurance Agency Inc., by calling, communicating in

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writing, sending emails, texts or other electronic communications to current Farmers

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producers, agents or district managers;
4. Defendants will immediately return to Farmers any Farmers’ materials

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Defendants may have in their possession, including but not limited to any
documents generated by Farmers or producers, agents, or district managers of
Farmers, Farmers’ internal manuals, lists of Farmers customers, Farmers
policyholder information, leads regarding potential Farmers customers, or any other
type of Farmers customer information. Alternatively, Defendants shall certify under
oath that any such material, if it was ever in their possession, has been destroyed.
5.

Farmers is entitled to $2,500 for each violation of this Stipulated

Permanent Injunction, and may seek further compensation and remedies consistent
with applicable law.
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6. Within five business days after entry, Defendants shall notify all of their

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employees, agents, and independent contractors about this Order and provide a copy

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to them.

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IT IS SO ORDERED.
Dated: March 23, 2015

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