Hospitality Staffing Solutions, LLC v. Allstars Staffing, LLC, et al.

Filing 29

PERMANENT INJUNCTION AND ORDER signed by District Judge Kimberly J. Mueller on 4/6/2017 ORDERING The Parties agree that from the date the Court issues this Order, continuing for a period of 2 years thereafter, unless the Court otherwise orders, Giro n and Allstars (and anyone acting on their behalf who receives actual notice of this Stipulation and Proposed Order) is hereby PERMANENTLY RESTRAINED and enjoined from possessing, using or disclosing any HSS trade secrets or Confidential Information, in any form (the term "Confidential Information"; this Order shall survive the dismissal of this action. (Reader, L)

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VINCE M. VERDE, CA Bar No. 202472
[e-mail]
CAROLYN E. SIEVE, CA Bar No. 182763
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Park Tower, Suite 1500
695 Town Center Drive
Costa Mesa, CA 92626
Telephone:
714.800.7900
Facsimile:
714.754.1298
BECKI D. GRAHAM, CA No. 238010
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Plaintiff
HOSPITALITY STAFFING SOLUTIONS, LLC
[Additional Counsel Listed on Next Page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LLC,
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Plaintiff,
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v.
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ALLSTARS STAFFING, LLC; FERNANDO
22 GIRON, an individual; and DOES 1 - 10,
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Defendants.

Case No. 2:15-cv-02352-KJM-AC
STIPULATED PERMANENT INJUNCTION
AND ORDER

Complaint Filed: November 12, 2015
Trial Date:
April 24, 2017

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Case No. 2:15-cv-02352-KJM-AC
STIPULATED PERMANENT INJUNCTION AND ORDER

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Marie D. DiSante, State Bar No. 138267
[e-mail]
Joel Van Parys, State Bar No. 227387
[e-mail]
CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue, Suite 200
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FERNANDO GIRON

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Tiffanny Brosnan (#184810)
[e-mail]
Erin D. Leach (#247785)
[e-mail]
SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626-7689
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ALLSTARS STAFFING, LLC

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Case No. 2:15-cv-02352-KJM-AC
STIPULATED PERMANENT INJUNCTION AND ORDER

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STIPULATED PERMANENT INJUNCTION

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WHEREAS, on November 12, 2015, Plaintiff Hospitality Staffing Solutions, LLC

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(“Plaintiff” or “HSS”) filed the above-captioned action against Defendants Allstars Staffing, LLC

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(“Allstars”) and Fernando Giron (“Giron”) (collectively, the “Parties”) for alleged violation of the

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California Uniform Trade Secrets Act, intentional interference with contractual relations, and

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unfair competition in violation of California Business and Professions Code Section 17200 et seq.

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based on Defendants’ alleged acquisition of HSS’s trade secrets and interference with contractual

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relationships it had with various clients. Plaintiff also alleged breach of contract in connection with

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Giron’s alleged breach of a confidentiality and non-solicitation agreement he entered into with

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HSS;

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WHEREAS, Allstars and Giron deny each of HSS’s allegations;

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WHEREAS, the Parties now wish to end the litigation, and have agreed as a basis for doing

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so to stipulate and agree to the issuance of a permanent injunction, as set forth herein (and agree to

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request that the Court so order);

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NOW THEREFORE, the Parties stipulate and agree, and request the Court enter an order
(the “Order”) as follows:
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The Parties agree that from the date the Court issues this Order, continuing

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for a period of two (2) years thereafter, unless the Court otherwise orders, Giron and Allstars (and

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anyone acting on their behalf who receives actual notice of this Stipulation and Proposed Order) is

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hereby permanently restrained and enjoined from possessing, using or disclosing any HSS trade

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secrets or Confidential Information, in any form (the term “Confidential Information” is defined as:

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customer lists and reports related to customer sales and billing trends, and/or any information

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contained therein; any service agreements or contracts between HSS and its customers and/or

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information contained therein, including customer pricing, contract terms and expiration dates;

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wage information for HSS’ employees; and and other confidential information to which Giron was

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privy to during the course of his employment with HSS regarding HSS’s business, customers and

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employees that would have been subject to the terms and conditions set forth in the Confidentiality

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and Non-Solicitation Agreement he entered into during his employment with HSS. However,
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Case No. 2:15-cv-02352-KJM-AC
STIPULATED PERMANENT INJUNCTION AND ORDER

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Confidential Information does not include any information that is or becomes publicly known or

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available through no fault of Allstars or Fernando Giron or anyone acting on Allstars’ or Fernando

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Giron’s behalf.). 

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2.

Should Giron or Allstars discover that they possess HSS trade secrets or

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Confidential Information in any form, they will provide HSS with reasonably prompt notice of the

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discovery, will not use or disclose, or delete, erase, or otherwise destroy the information they have

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discovered, and will allow HSS to inspect and/or obtain return of the information.  

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3.

Allstars and Giron further agree that within five business days from when

the Court enters the Order, Giron will deliver a copy of this Stipulated Permanent Injunction to his
current employer, Inspire Preschool Academy. 

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4.

Giron further agrees that for 24 months from the date of this Order, he will

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not solicit, recruit or attempt to recruit directly or by assisting others (including, but not limited to

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Allstars), any other employee of HSS with whom Giron had contact during his employment with

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HSS.  

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5.

Allstars agrees that it will not use any HSS trade secret or Confidential

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Information that may have been disclosed to it by Giron, to solicit, recruit or attempt to recruit HSS

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employees, or its customers/clients.  

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6.

This Order shall survive the dismissal of this action.  

SO STIPULATED.

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DATED: April 6, 2017

SNELL & WILMER L.L.P.

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By: /s/ Tiffany Brosnan (authorized on 3/21/2017)
TIFFANNY BROSNAN
ERIN D. LEACH
Attorneys for Defendant
ALLSTARS STAFFING, LLC

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Case No. 2:15-cv-02352-KJM-AC
STIPULATED PERMANENT INJUNCTION AND ORDER

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DATED: April 6, 2017

CAROTHERS DISANTE & FREUDENBERGER
LLP

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By: /s/ Joel Van Parys (authorized on 3/21/2017)
MARIE D. DISANTE
JOEL VAN PARYS

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Attorneys for Defendant
FERNANDO GIRON

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9 DATED: April 6, 2017

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

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By: /s/ Becki D. Graham
VINCE M. VERDE
CAROLYN E. SIEVE
BECKI D. GRAHAM

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Attorneys for Plaintiff
HOSPITALITY STAFFING SOLUTIONS,
LLC

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ORDER

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SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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Case No. 2:15-cv-02352-KJM-AC
STIPULATED PERMANENT INJUNCTION AND ORDER