Atkins Sheep Ranch, Inc. v. Scharmann et al
Filing
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ORDER SETTING BRIEFING SCHEDULE AND HEARING ON 13 MOTION FOR TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE, AND EXPEDITED DISCOVERY. Signed by Judge Alsup on 8/25/2017. Responses due by 8/30/2017. Motion Hearing set for 9/5/2017 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 8/25/2017)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ATKINS SHEEP RANCH, INC., a
California Corporation,
Plaintiff,
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No. C 17-04917 WHA
v.
CHARLES SCHARMANN; JOSEPH
RING; CHRIS LAM; BLUE RIVER
SEAFOOD, INC., a California Corporation
dba PUCCI FOODS; and DOES 1 through
100, inclusive,
ORDER SETTING BRIEFING
SCHEDULE AND HEARING ON
MOTION FOR TEMPORARY
RESTRAINING ORDER,
ORDER TO SHOW CAUSE, AND
EXPEDITED DISCOVERY
Defendants.
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Plaintiff Atkins Sheep Ranch, Inc., brought this action for trade secret misappropriation
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and related claims against defendants Charles Scharmann, Joseph Ring, Chris Lam, and Blue
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River Seafood, Inc. (“Pucci”) based on allegations that former Atkins employees Scharmann
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and Ring misappropriated Atkins trade secrets pertaining to business operations and
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relationships and solicited one of Atkins’s primary customers, Grocery Outlet, for the benefit of
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their new employer Pucci, a competing business headed by Lam (see Dkt. No. 1 ¶¶ 6–37).
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Atkins has filed an ex parte motion for (1) a temporary restraining order, (2) an order to
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show cause why a preliminary injunction should not issue, and (3) limited expedited discovery
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(Dkt. No. 13). Atkins CEO Jonathan Packman submitted a supporting declaration (Dkt. No. 15)
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with appended documentary evidence of the complaint’s allegations, including the Atkins
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employee handbook and emails to and from defendants, but omitting the alleged trade secret
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documents “pending court order sealing [said] documents” (e.g., Dkt. No. 15-2 at 5).
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Having considered the complaint, motion, and supporting documentation, the Court is
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unwilling to grant the requested relief on an ex parte basis but sets a hearing on the motion for
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SEPTEMBER 5 AT 10:00 A.M. Atkins shall file the alleged trade secret documents with an
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administrative motion to file under seal in full compliance with our Civil Local Rules by
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AUGUST 28 AT NOON. Atkins shall also serve the summons, complaint, motion, supporting
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documentation, and this order on defendants by TOMORROW AT 5:00 P.M. Defendants may file
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a written response by AUGUST 30 AT NOON.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: August 25, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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