Sigari et al v. Banasik

Filing 8

ORDER GRANTING 2 EMERGENCY EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER; SETTING STATUS CONFERENCE REGARDING PRELIMINARY INJUNCTION HEARING. Status Conference set for 4/4/2024 11:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila.Signed by Judge Edward J. Davila on 3/26/2024.(ejdlc2, COURT STAFF) (Filed on 3/26/2024)

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1 4 Andrew G. Watters (#237990) Susanna L. Chenette (#257914) 555 Twin Dolphin Dr., Ste. 135 Redwood City, CA 94065 +1 (415) 261-8527 andrew@andrewwatters.com 5 Attorneys for Plaintiffs Hanieh Sigari and Qyral, LLC 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 HANIEH SIGARI, an individual; QYRAL, LLC, a California Limited Liability Company, 13 Plaintiffs, 14 15 16 v. DARIUSZ BANASIK, an individual; Does 1-10, 17 18 19 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: 5:24-cv-01816-EJD [PROPOSED] TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION SETTING STATUS CONFERENCE REGARDING PRELIMINARY INJUNCTION HEARING 20 21 22 23 24 25 26 27 28 -1- TEMPORARY RESTRAINING ORDER 1 2 INTRODUCTION Plaintiffs Ms. Hanieh Sigari and Qyral, LLC have filed an ex parte application against 3 Defendant Mr. Dariusz Banasik for restoration of the status quo in connection with Qyral, LLC. 4 The Court finds as follows for the purposes of issuing this Temporary Restraining Order and 5 Order to Show Cause: Setting Status Conference Regarding Preliminary Injunction Hearing: 6 Qyral, LLC is a wellness company with over 100,000 customers and 1,300 wellness consultants 7 who travel the country promoting Qyral products to their networks, and elsewhere. Plaintiff Ms. 8 Sigari is the CEO, sole manager, and sole member of the LLC. Through Defendant’s actions on 9 3/22/2024, he has irreparably harmed or there is a risk he will irreparably harm the company and 10 11 its many employees and consultants, as well as Plaintiffs. Setting Status Conference Re: Prelim. Injunction Hearing A Temporary Restraining Order and Order to Show Cause re Preliminary Injunction shall 12 issue forthwith to restrain the continued violations of law and restore Plaintiff to her rightful 13 position with the status quo until the hearing on a preliminary injunction. 14 15 TEMPORARY RESTRAINING ORDER Wherefore, the Court orders as follows: 16 1. Defendant DARIUSZ BANASIK and all persons acting on his behalf or in concert with him, 17 or who provide him a service, who have actual notice of this order, shall do the following 18 immediately: 19 (a) Restore Plaintiff Hanieh Sigari’s T-Mobile phone account and phone number/SIM. 20 (b) Restore Plaintiff Hanieh Sigari’s access to her Google Administrator console. 21 (c) Restore access for Plaintiff Hanieh Sigari to her company email at qyral.com, and restore 22 control to her of the company email accounts. 23 (d) Restore access for Plaintiff Hanieh Sigari to her company GoDaddy account. 24 (e) Change back the Stripe payment account to the company Chase account. 25 (f) Provide an accounting of and restore any funds transferred from the company account 26 27 28 through the Stripe change-over or other means. 1. Defendant DARIUSZ BANASIK and all persons acting on his behalf or in concert with him who have actual notice of this order, shall not do the following pending the hearing: -2- TEMPORARY RESTRAINING ORDER 1 (a) Transfer any further funds from the company operating account. 2 (b) Disrupt Plaintiff’s communications with company employees or contractors. 3 4 5 6 7 8 9 10 ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION , 2024 at Defendant DARIUSZ BANASIK is hereby ordered to show cause on a.m./p.m. before District Judge , located at , why a preliminary injunction on these same terms should not issue at that time. The Court hereby sets a status conference regarding the scheduling of a hearing on Plaintiffs' motion for a preliminary injunction for April 4, 2024, at 11:00 a.m., located in the District Court for the Northern District of California, San Jose Courthouse, Courtroom 4, 5th Floor before Judge Edward J. Davila. Date: By: March 26, 2024 EDWARD J. DAVILA United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- TEMPORARY RESTRAINING ORDER

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