Hertz Equipment Rental Corporation v. Useda et al

Filing 63

ORDER ENTERING STIPULATED PERMANENT INJUNCTION AS TO DEFENDANT FRED KICENSKI, Motions terminated: 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Discovery filed by Hertz Equipment Rental Corporation.. Signed by Judge Alsup on November 30, 2010. (whalc1, COURT STAFF) (Filed on 11/30/2010)

Hertz Equipment Rental Corporation v. Useda et al

Doc. 63

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CHARLES M. DYKE (CA State Bar No. 183900) [e-mail] GREGORY E. SCHOPF (CA State Bar No. 122862) [e-mail] MATTHEW J. FRANKEL (CA State Bar No. 256633) [e-mail] NIXON PEABODY LLP One Embarcadero Center, Suite 1800 San Francisco, CA 94111-3996 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff HERTZ EQUIPMENT RENTAL COMPANY JAMES E. SELL (CA State Bar No. 135935) [e-mail] Parton | Sell | Rhoades A Professional Corporation 750 Lindaro St., Suite 140 San Rafael, CA 94901 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant FRED KICENSKI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

HERTZ EQUIPMENT RENTAL COMPANY, a Delaware corporation, Plaintiff, v. RAMON USEDA, FRED KICENSKI, and DOES 1 through 20, Defendants.

Case No.: 3:10-cv-4953-WHA STIPULATED PERMANENT INJUNCTION AS TO DEFENDANT FRED KICENSKI; [PROPOSED] ORDER Date of Filing: Trial Date: November 2, 2010 None set

STIPULATED PERMANENT INJUNCTION; [PROPOSED] ORDER

13246480.2

Dockets.Justia.com

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Pursuant to Local Rules 6-2 and 7-12, and Fed. R. Civ. P. 65(d), Plaintiff Hertz Equipment Rental Corporation ("HERC") and Defendant Fred Kicenski, by and through their respective counsel, hereby stipulate and request that the Court enter an order as follows: WHEREAS, on November 9, 2010, the Court entered the Order Extending Temporary Restraining Order, Allowing Limited Discovery, and Rescheduling Preliminary Injunction Hearing (the "November 9, 2010 Order"), the terms of which were stipulated to by HERC and Kicenski; WHEREAS, Mr. Kicenski's deposition was taken on November 12, 2010, and the depositions of three HERC employees were taken on November 17, 2010; WHEREAS, Mr. Kicenski and HERC now wish to resolve this matter by, among other things, having the Court enter a permanent injunction against Mr. Kicenski; WHEREAS, Mr. Kicenski and HERC also have entered into a Settlement Agreement. NOW, THEREFORE, KICENSKI AND HERC STIPULATE and agree that Defendant Fred Kicenski shall be and hereby is enjoined and restrained from directly or indirectly doing any and all of the following for the period from the Court's entry of this Stipulated Permanent Injunction until December 31, 2015: 1. Using or disclosing his knowledge of HERC employee

compensation information, except to the extent his knowledge of an individual HERC employee's compensation was provided to Kicenski by such individual after Kicenski left HERC on August 10, 2010; and 2. Using or disclosing his knowledge of either (i) any price

that any HERC customer pays to HERC, or (ii) the requirements and/or business practices of any HERC customer in its dealings with HERC, except to the extent that Kicenski's knowledge of any such price information or customer information was provided to Kicenski by the HERC customer after Kicenski left HERC on August 10, 2010. KICENSKI AND HERC FURTHER STIPULATE and agree that Defendant Fred Kicenski shall be and hereby is permanently enjoined and restrained from directly or indirectly otherwise -1STIPULATED PERMANENT INJUNCTION; [PROPOSED] ORDER 13246480.2

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violating the terms of his confidentiality agreement with HERC, entitled Hertz Information Security Statement and Confidentiality Agreement for Hertz Employees and dated September 8, 2005. KICENSKI AND HERC FURTHER STIPULATE and agree that the process for resolving disputes as to whether any of the foregoing terms of this Stipulated Permanent Injunction and Order have been violated shall be governed by Paragraph 4 of the above-referenced Settlement Agreement, which provides: In the event that HERC reasonably suspects Kicenski has violated the Stipulated Permanent Injunction and Order referenced in paragraph 2, above, HERC shall, through its counsel, attempt to meet and confer with Kicenski, before pursuing court action, by notifying Kicenski and his counsel, James E. Sell of Sell Parton Rhoades, 750 Lindaro Street, Suite 140, San Rafael, CA 94901, in writing of any suspected violation and invite Kicenski and his counsel to respond. Nothing in this Agreement shall be construed to preclude HERC from pursuing relief in the Court after the expiration of the above-referenced 3-business-day notice and meet-and-confer period. KICENSKI AND HERC FURTHER STIPULATE and agree that the Court shall retain jurisdiction over the enforcement of the terms of the above-referenced Settlement Agreement.* /// /// /// /// /// /// /// /// /// /// /// /// /// /// -2STIPULATED PERMANENT INJUNCTION; [PROPOSED] ORDER 13246480.2

* The court shall retain jusrisdiction for preliminary three years.against Kicenski that was set for The hearing on HERC's motion for a a period of injunction December 2, 2010 is VACATED. That motion is DENIED AS MOOT.

* The court will retain jurisdiction over enforcement for a period of three years.

* The Court will retain jurisdiction over enforcement for a period of three years.

November 30, 2010.