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)

1

4

Andrew G. Watters (#237990)
Susanna L. Chenette (#257914)
555 Twin Dolphin Dr., Ste. 135
Redwood City, CA 94065
[phone]
[e-mail]

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