ADT Security Services, Inc. v. Security One International, Inc. et al

Filing 32

STIPULATION AND ORDER re 30 Stipulation filed by ADT Security Services, Inc.. Signed by Judge James Ware on 11/17/11. (Attachments: # 1 Certificate/Proof of Service)(sis, COURT STAFF) (Filed on 11/17/2011)

11

Attorneys for Plaintiff ADT Security Services, Inc.

12

ER

H

10

RT

9

R NIA

re

mes Wa
Judge Ja

NO

8

ERED

FO

7

O ORD
IT IS S

LI

6

M. Kelly Tillery, Esq.1
Noah S. Robbins, Esq.1
PEPPER HAMIL TON LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, P A 19103-2799
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

RT
U
O

5

S DISTRICT
TE
C
TA

A

4

S

3

UNIT
ED

2

Harry "Hap" P. Weitzel, Esq. (SBN 149934)
PEPPER HAMIL TON LLP
4 Park Plaza, Suite 1200
Irvine, CA 92614-5955
Tel.: [phone]
Fax: [phone]
wei [e-mail]

N

F
D IS T IC T O
R

C

UNITED STATES DISTRICT COURT

13
14

NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

15
16
17

ADT SECURITY SERVICES, INC.,
Plaintiff,
vs.

CIVIL ACTION No. C 11-05149 JW

STIPULATION FOR AGREED
PRELIMINARY INJUNCTION

18
19
20

SECURITY ONE INTERNATIONAL, INC.,
FRANK GARDINER, CLAUDIO HAND,
MARCOS HAND and THOMAS NEMETH,

JURY TRIAL DEMANDED

Defendants.

21

22
WHEREAS, Plaintiff ADT Security Services, Inc. ("ADT") has filed a
23
24

Complaint against, among others, SECURITY ONE INTERNATIONAL, INC., FRANK

25

GARDINER and CLAUDIO HAND ("Defendants") alleging that they have made certain

26

misrepresentations to ADT's customers;

27
I

Pro Hac Vice Applications pending.

28
STIPULA TION FOR
AGREED PRELIMINARY INJUNCTION

Case No. C-II-05149-JW

1

WHEREAS, Defendants deny the allegations in the Complaint;

2

WHEREAS, ADT has moved, in connection with its Complaint, for a

3

Preliminary Injunction enjoining Defendants from making any alleged misrepresentations and

4
specific misconduct;
5

WHEREAS, a hearing on the Preliminary Injunction was scheduled before the

6

7

Court on November 14, 2011 at 9:00 a.m. in Courtroom 9 at the Phillip Burton Federal Building

8

& United States Courthouse, 19th Floor, 450 Golden Gate Avenue, San Francisco, California

9

94102, and was continued to 1:30pm at the request of ADT and SECURITY ONE and,

10
11

WHEREAS, the parties wish to save the Court and themselves the expense and
time involved with a Preliminary Injunction hearing;

12
The parties hereby voluntarily stipulate that a preliminary injunction be entered
13
14

along the following terms:

15

1.

Defendants, their agents, servants, employees, officers, attorneys,

16

successors, and assigns are PRELIMINARILY ENJOINED pending further Order of this Court,

17

from:

18

a.

Informing ADT customers that ADT has authorized SECURITY

19

ONE to take over or handle the accounts or technical support service for ADT customer

20

accounts;

21

22
23
24
25

b.

Informing ADT customers that SECURITY ONE has "bought

out" ADT and is ADT's new security service provider;

c.

Informing ADT customers that ADT is not capable of handling

its existing clients and therefore is giving SECURITY ONE ADT customer accounts;
d.

Representing to ADT customers that SECURITY ONE is

26

affiliated with ADT and that ADT has authorized SECURITY ONE to provide an "upgrade" to

27

ADT's security system;

28
2
STIPULA TION FOR
AGREED PRELIMINARY INJUNCTION

Case No. C-II-OSI49-JW

e.
2

accounts to SECURITY ONE to receive a better rate;
f.

Making a false statement to any ADT customer that ADT is no

ADT.

5

6

Making any false statement that SECURITY ONE is an agent of

g.

3
4

Informing ADT customers that ADT is transferring select

longer doing business, or has limited or eliminated any services;
h.

7

Making any material false statement of fact regarding ADT

8

including, but not limited to, function, performance, capabilities, specifications, features,

9

requirements, reliability, availability, origin, sponsorship, approval, or design of any ADT

10

equipment, alarm system, sales, or service.

11
12

1.

Making calls by telephone to any ADT call center or customer

support hotline posing as an ADT customer or potential customer.

2.

13

Nothing contained herein is intended to or shall constitute an admission of

14

fact or liability on the part of any party. All parties shall retain all defenses to all claims and

15

counterclaims now existing or hereafter filed.

3.

16

This Stipulation for Agreed Preliminary Injunction does not constitute any

17

finding of fact or law on the merits of Plaintiffs claims or Defendants' defenses nor shall it be

18

admissible for any purpose whatsoever, except as may be necessary to prove any violation

19

hereof.

4.

20

Any person or entity subject to this Stipulation for Agreed Preliminary

21

Injunction who fails to comply herewith and/or any person or entity that in any way interferes

22

with the execution and implementation of the terms of this Preliminary Injunction shall be subject

23

to the contempt power of this Court.

5.

24

At any time, any party shall have the right to move to amend or dissolve

25

this Stipulation for Agreed Preliminary Injunction as necessary according to any development of

26

facts or law.

27

28
3

STIPULATION FOR
AGREED PRELIMINARY INJUNCTION

Case No. C-I 1-05149-J W

Dated: AJOVfJJ1fJtw

Is ,2011

PEPPER HAMIL TON LLP

2

BY:fkE~{~
y
'w~itZel

3

Ha

4

P. "H

Attorneysfor Plaintiff ADT Security Services.
Inc.

5
6

7
8

SECURITY ONE INTERNATIONAL, INC.

Dated: - - - - -,2011

9
10

By: _________________________

11

Defendant

12
13
14

Dated: - - - - - -, 2011

FRANK GARDINER

15

By: _________________________

16
17

Defendant

18
19

Dated: - - - - - - -, 2011

CLAUDIO HAND

20
21

By: _________________________

22
23

Defendant

24
25

26
27

28
4
STIPULA TION FOR
AGREED PRELIMINARY INJUNCTION

Case No. C-II-OSI49-JW

1

Dated: _ _ _ _ _:, 2011

PEPPER HAMILTON LLP

2

By:

3
4

____~__~_____________
Harry P. "Hap" Weitzel

~

Attorneys for PlaintiffADT Security Services,
Inc.

5
6
7

8

Dated:

/1 . Ilt-II ,2011

9

10
11

Defendant

12
13
14

Dated: _ _ _ _ _:, 2011

FRANK GARDINER

15

By: ____________--___________
16

17

Defendant

18

19

Dated:

11/4.-1,/

,2011

20
21
22

Defendant

23
24

25

26
27
28
4

STlPULATION FOR
AGREED PRELlMfNARY INJUNCTION

Case No. C-II-OS149-JW

I

Dated:

",_,_~____ ,

2011

PEPPER HAMILTON LLP

2

3

By: _____________

Harry P. "Hap" Weitzel

4

Allorneysfor Plaintiff ADT ,\'ecurily I~·ervh'es.

5

Inc,

6
7
X

Dated:

--,.--.--,--",~-'

SECURITY ONE INTERNATIONAL, INC.

2011

<)

10

By:

~
______________..__ '~_, "",_..'..'" ,,'''-

J1

Defendant

12

13
FRANK GARDINER

14

BY:~

15
16

~

___ -

17

Defendant
1~
19

Dated: ,____ .,',.", ____, 201 1

CLAUDIO HAND

20
21

By: _____________________

22
2]

Defendant

24

25

27

28

-

...

-~',.",,-----

STIPULATION FOR
AGREED PRELIMINARY INJUNCTION

4
Case No. C-II-05149-J W

PROOF OF SERVICE
F.R.C.P.5/C.C.P. § 1013a(3)/Cal. R. Ct. R. 2.260

2
3
4
5

I am a resident of, or employed in, the County of Orange. I am over the age of 18 and not a party
to this action. My business address is: Pepper Hamilton LLP, Suite 1200, 4 Park Plaza, Irvine,
CA 92614-5955.

On November 15,2011, I served the following listed document(s), by method indicated below,
on the parties in this action:

6

STIPULATION FOR AGREED PRELIMINARY INJUNCTION

7

SEE ATTACHED SERVICE LIST

8
9
10
11
12
13

14
15
16
17
18
19
20
21

[gJ BY U.S. MAIL

D BY FACSIMILE

By placing D the original / [gJ a true copy thereof
enclosed in a sealed envelope(s), with postage fully
prepaid, addressed as per the attached service list, for
collection and mailing at Pepper Hamilton LLP, Suite
1200,4 Park Plaza, Irvine, CA 92614-5955, following
ordinary business practices. I am readily familiar with
Pepper Hamilton LLP's practice for collection and
processing of documents for mailing. Under that
practice, the document is deposited with the United
States Postal Service on the same day as it is collected
and processed for mailing in the ordinary course of
business.

Before 5:00 p.m. on said date, I caused said
document(s) to be transmitted by facsimile. The
telephone number of the sending facsimile machine
was [phone]. The name(s) and facsimile
machine telephone number(s) of the person(s) served
are set forth in the service list. The document was
transmitted by facsimile transmission, and the sending
facsimile machine properly issued a transmission
report confirming that the transmission was complete
and without error.

D BY OVERNIGHT DELIVERY

By electronically transmitting the documents) listed
above to the email addressees) of the person(s) set
forth on the attached service list trom the email
address [e-mail] at approximately
____ . To my knowledge, the transmission was
reported as complete and without error. Service by
email was made D pursuant to agreement of the
parties, confirmed in writing, or D as an additional
method of service as a courtesy to the parties or D
pursuant to Court Order. See Cal. R. Ct. R. 2.260.

By delivering the document(s) listed above in a sealed
envelopes) or package(s) designated by the express
service carrier, with delivery fees paid or provided for,
addressed as per the attached service list, to a facility
regularly maintained by the express service carrier or
to an authorized courier or driver authorized by the
express service carrier to receive documents.
Note: Federal Court requirement: service by overnight
delivery was made D pursuant to agreement of the
parties, confirmed in writing, or D as an additional
method of service as a courtesy to the parties or D
pursuant to Court Order.

D BYE-MAIL

22
23

I declare under penalty of perjury under the laws of the State of California and the United States
of America that the above is true and correct.

24
25
26
27

Executed on November 15,2011, at Irvine, California.
Jennifer S. Allen
Type or Print Name

28
#15175822 vI