Memphis Meats, Inc. v. Tandikul

Filing 13

TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND ORDER PERMITTING EXPEDITED DISCOVERY. Hearing on the Order to Show Cause for Preliminary Injunction shall be held on May 12, 2021, at 3:30 p.m. on the Courts Zoom videoconference Platform. Opposition to Order to Show Cause due by 5/5/2021. Written Reply filed 5/10/2021 by 10:00 AM. Signed by Judge Yvonne Gonzalez Rogers on 4/28/2021. (fs, COURT STAFF) (Filed on 4/28/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MEMPHIS MEATS, INC.,

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NAPAT TANDIKUL,

Re: Dkt. No. 4

Defendant.

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United States District Court
Northern District of California

TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION, AND ORDER
PERMITTING EXPEDITED DISCOVERY

v.

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Case No. 21-cv-3072-YGR

Plaintiff,

Plaintiff Memphis Meats, Inc. has filed its Ex Parte Application seeking a temporary

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restraining order, order to show cause why a preliminary injunction should not be issued, and

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order for expedited discovery. Plaintiffs’ counsel’s declaration indicates that he has given notice

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by electronic mail to Defendant Tandikul at two email addresses she is believed to use. (Dkt. No.

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4-6.)

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Having considered the Complaint, Plaintiff’s Application, the Memorandum in Support,

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the Declarations of Kevin Kayser, Jaclyn Kassmeier, Jay Vlavianos, and Jerry Bui, this Court

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GRANTS plaintiff’s Application as follows:

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ORDER TO SHOW CAUSE

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DEFENDANT NAPAT TANDIKUL IS ORDERED TO SHOW CAUSE why a preliminary

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injunction should not be entered against you restraining and enjoining you, and those acting in

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concert with you, from:

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1. Accessing, using, disclosing, sharing, or making available to any person or entity other

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than Plaintiff, any of Plaintiff’s confidential proprietary, or trade secret documents, data, or

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information;

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2. Bringing, sending, transmitting, or otherwise transferring Memphis Meats’ confidential,
proprietary, or trade secret information to Thailand or any other foreign country;

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3. Altering, destroying, or disposing of any evidence or other materials, in any form,

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relating to this action and the issues raised herein, including, without limitation, all devices,

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electronic media, cloud storage, and all copies of any and all documents, notebooks, media and/or

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other materials, containing, identifying, describing, reflecting or referencing Memphis Meats’

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confidential, proprietary, or trade secret information, and any and all documents, data and

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information which was obtained by you from, or by virtue of your employment with, Memphis

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Meats, including all current or archived media, notebooks, emails, chats, texts, documents,

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electronic logs, metadata, storage and directories;

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AND FURTHER ORDERED TO SHOW CAUSE why a preliminary injunction should not be
entered against you mandating that you, and those acting in concert with you, account for and

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United States District Court
Northern District of California

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return to Plaintiff any and all of Plaintiff’s property, including its confidential, proprietary, and

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trade secret information, which may be contained in Defendant’s notebooks, documents, digital

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files, cloud storage, email, media and/or other materials.
TEMPORARY RESTRAINING ORDER

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Pending hearing on the Order to Show Cause, Defendant Napat Tandikul and any person
acting in concert with her are restrained and enjoined from:
1. Accessing, using, disclosing, sharing, or making available to any person or entity other

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than Plaintiff, any of Plaintiff’s confidential proprietary, or trade secret documents, data, or

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information;

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2. Bringing, sending, transmitting, or otherwise transferring Memphis Meats’ confidential,
proprietary, or trade secret information to Thailand or any other foreign country;

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3. Altering, destroying, or disposing of any evidence or other materials, in any form,

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relating to this action and the issues raised herein, including, without limitation, all devices,

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electronic media, cloud storage, and all copies of any and all documents, notebooks, media and/or

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other materials, containing, identifying, describing, reflecting or referencing Memphis Meats’

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confidential, proprietary, or trade secret information, and any and all documents, data and

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information which was obtained by you from, or by virtue of your employment with, Memphis

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Meats, including all current or archived media, notebooks, emails, chats, texts, documents,

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electronic logs, metadata, storage and directories.
IT IS FURTHER ORDERED THAT that no bond need be posted by Memphis Meats in

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connection with this Temporary Restraining Order because the Court finds that there is no

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apparent risk of monetary loss to Defendant as a result of the issuance of this Order.
ORDER PERMITTING EXPEDITED DISCOVERY

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IT IS FURTHER ORDERED THAT, good cause having been shown, pursuant to Federal Rule

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of Civil Procedure 26(d)(1), Plaintiff’s request for expedited discovery is GRANTED as follows:
1. Plaintiff is permitted to depose defendant Napat Tandikul to determine (i) the company

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property that Defendant took from Memphis Meats, (ii) the current location of any Memphis

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United States District Court
Northern District of California

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Meats property taken by Defendant, (iii) whether, when, and what trade secret and confidential

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information Defendant has disclosed to any third party;
2. Defendant Napat Tandikul shall permit a forensics e-discovery expert to: (i) “clone” or

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mirror image; and (ii) search for and identify Plaintiff’s data, information, documents, materials

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and any material derived therefrom, in the “cloned” or mirror images of the following:

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Defendant’s personal email accounts;

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Defendant’s phone, personal computers, other mobile devices (including phones and tablets),

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and any other computer drive or storage account, both local, or stored in an offsite server or

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the “cloud,” in Defendant’s possession, custody, or control, or that were subject to her use, and

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that were used to access or store, even temporarily, Memphis Meats’ confidential, proprietary,

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or trade secret information.

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The parties may stipulate to a protocol for this e-discovery or use the Court’s Model Stipulated

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Order Re: Discovery of Electronically Stored Info, available on the Court’s website.

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IT IS FURTHER ORDERED THAT,

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1. Plaintiff shall serve this Temporary Restraining Order and Order to Show Cause, along

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with the Summons and Complaint, and Ex Parte Application, Memorandum in Support,

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Declarations of Kevin Kayser, Jaclyn Kassmeier, Jay Vlavianos, and Jerry Bui on

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Defendant no later than April 30, 2021 by electronic mail and personal service. Proof of

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such service shall be filed no later than May 3, 2021.

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2. Any opposition to the Order to Show Cause shall be filed no later than May 5, 2021.

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3. Any written reply shall be filed no later than May 10, 2021 at 10:00 a.m.

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4. Hearing on the Order to Show Cause for Preliminary Injunction shall be held on May 12,

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2021, at 3:30 p.m. on the Court’s Zoom videoconference platform. Notice for joining the

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videoconference will be posted on the docket in this matter and is available on the Court’s

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website at www:cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/

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United States District Court
Northern District of California

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The Court will entertain a modified schedule for briefing and hearing, and extension of the
temporary restraining order, if presented by stipulation of the parties.
IT IS SO ORDERED.
Dated: April 28, 2021
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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