7EDU Impact Academy Inc. v. You et al

Filing 20

ORDER GRANTING *AS MODIFIED* 3 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Edward J. Davila on 3/26/2024. (ejdlc1, COURT STAFF) (Filed on 3/26/2024)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 CASE NO. 24-cv-01708-EJD 7EDU IMPACT ACADEMY INC., *As Modified* [PROPOSED] ORDER GRANTING PLAINTIFF 7EDU IMPACT ACADEMY INC.’S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, EXEPDITED DISCOVERY, AND EVIDENCE PRESERVATION Plaintiff, vs. YA YOU, an individual, AMY QU (a.k.a. 17 AIMEE QU), an individual; YAYI LI, an individual; IGNISION EDUCATION 18 SILICON VALLEY, a California corporation; and DOES 1-10, inclusive. 19 20 Defendants. 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER RE: PLAINTIFF’S EX PARTE MOTION FOR TRO 1 TEMPORARY RESTRAINING ORDER 2 On March 19, 2024, Plaintiff 7edu Impact Academy, Inc. (“7EDU” or “Plaintiff”) filed its 3 Ex Parte Motion for Temporary Restraining Order, Order to Show Cause re: Preliminary Injunction, 4 Expedited Discovery, and Evidence Preservation Order (“Motion”) with this Court. The Court, 5 having considered the argument of counsel and the papers submitted with this matter, and for good 6 cause shown, HEREBY ORDERS that the Motion is GRANTED, as more fully set forth herein. 7 The Court has found that good cause exists for issuance of a Temporary Restraining Order, 8 as 7EDU has shown: (1) there is a substantial likelihood that 7EDU will succeed on the merits of its 9 claims against Defendants Ya You (“You”), Amy Qu (a.k.a. Aimee Qu) (“Qu”), Yayi Li (“Li”), and 10 Ignision Eduction Silicon Valley (“Ignision”) (collectively, “Defendants”) for misappropriation of 11 trade secrets and breach of contract via the unauthorized transfer of trade secrets; (2) absent the 12 issuance of preliminary injunctive relief 7EDU will suffer immediate and irreparable injury due to 13 Defendants’ use or disclosure of 7EDU’s trade secrets; (3) such injuries substantially outweigh any 14 costs to Defendants that may result from granting this motion, which is intended to preserve the 15 status quo; and (4) the requested relief supports the strong public interest in favor of protecting trade 16 secrets. 17 Motion for Preliminary Injunction set for 4/4/2024 ^ Pending hearing on the Order to Show Cause, Defendants, as well as any persons in active 18 concert or participation with them, are hereby RESTRAINED, ENJOINED AND ORDERED as 19 follows: 20 1. Defendants are ENJOINED AND RESTRAINED from obtaining, retaining, using, 21 transmitting, disseminating, or disclosing any information, data, files, simulations, or documents 22 related to confidential aspects of files that Defendants You, Qu, and Li downloaded, transferred, or 23 otherwise obtained from 7EDU’s systems during their employment with 7EDU prior to their 24 resignations on December 7, 2023, December 14, 2024, and December 13, 2023, respectively, 25 including any information contained within or deriving from those files (the “Misappropriated 26 Proprietary Information”); 27 28 2 [PROPOSED] ORDER RE: PLAINTIFF’S EX PARTE MOTION FOR TRO 1 2. Defendants are ENJOINED AND RESTRAINED from directly or indirectly 2 contacting or communicating with any and all clients, prospective clients, and vendors whose 3 identities are contained in the Misappropriated Proprietary Information; 4 3. Defendants are REQUIRED to return to 7EDU, within three (3) days of the Order, 5 any and all Misappropriated Proprietary Information that remain in Defendants’ possession, 6 custody, or control, including but not limited to any emails, files, records, or other documents that 7 Defendants You, Qu, and/or Li downloaded, removed, or otherwise obtained from 7EDU, whether 8 original or duplicate; 9 4. Defendants are REQUIRED to identify for 7EDU, by hand delivery or electronically 10 within three (3) days of the Order, all other desktop and laptop computers, internal and external hard 11 drives, USB storage devices, flash drives, thumb drives, memory cards, read/writable optical media 12 (including CD-ROMs and DVD-ROMs), cloud storage accounts (including Google Drive), email 13 accounts, tablet devices (including iPads), smartphones, other storage devices or accounts, or hard 14 copy documents (collectively, “Media”), belonging to or in Defendants’ possession, custody, or 15 control, that contain any 7EDU trade secrets or confidential and proprietary 7EDU information (the 16 “Identified Media”); 17 5. Defendants are REQUIRED to produce to 7EDU, by hand delivery or electronically 18 within three (3) days of the Order, the Identified Media, or allow 7EDU’s agents, including any to begin the process computer forensic experts, to forensically preserve and mirror/image said Identified Media (which 19 20 mirrored data shall be kept confidential by 7EDU until such time as the Court re-designates any 21 portion thereof under a protective order); 22 6. preserve Defendants are REQUIRED to provide to 7EDU, by hand delivery or electronically 23 within three (3) days of the Order, all logins, user IDs, passwords, and any other processes necessary 24 to obtain access to Defendant You’s yayou0615@gmail.com email account, Defendant Qu’s 25 aimeequ17@gmail.com email account, Defendant Li’s yayinancy@gmail.com email account, as 26 well as any operating system, database, server, software, file, or other storage location for the 27 Identified Media within Defendants’ possession, custody, or control; and 28 3 [PROPOSED] ORDER RE: PLAINTIFF’S EX PARTE MOTION FOR TRO 1 7. Defendants are REQUIRED to identify for 7EDU, by hand delivery or electronically 2 within three (3) days of the Order, any other persons, entities, or locations (including any Media) 3 not within Defendants’ possession, custody, or control, to which Defendants have transmitted, 4 disseminated, disclosed, or stored any 7EDU trade secrets or confidential and proprietary 7EDU 5 information. 6 March 26 The Temporary Restraining Order granted herein on ____, 2024, at ______________ shall 1:30 p.m. PT April 4 2024, at ____________. 7 expire on ____________________, 8 This Order, the Motion, and all supporting pleadings and papers shall be served on 9 Defendants or Defendants’ counsel no later than __________, 2024, by hand-delivery or 10 electronically, including e-mail. 11 12 13 IT IS SO ORDERED. DATED: March 26, 2024 14 15 Honorable Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] ORDER RE: PLAINTIFF’S EX PARTE MOTION FOR TRO

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