Servably, Inc. v. Crown

Filing 17

ORDER Granting 16 Joint Motion for Entry of Preliminary Injunction. Signed by Judge Janis L. Sammartino on 11/25/24. (aas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SERVABLY, INC., d/b/a SYNCRO MSP,

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Plaintiff,

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v.

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BRANDI CROWN,

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Case No.: 24-CV-1685 JLS (VET)
ORDER GRANTING JOINT
MOTION FOR ENTRY OF
PRELIMINARY INJUNCTION

Defendant.

(ECF No. 16)

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Presently before the Court is Plaintiff Servably, Inc. d/b/a/ Syncro MSP (“Syncro”

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or “Plaintiff”) and Defendant Brandi Crown’s (“Defendant”) (collectively, the “Parties”)

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Motion for Entry of an Order of Preliminary Injunction (“Joint Mot.,” ECF No. 16).

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On September 20, 2024, Plaintiff brought this action against Defendant for purported

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violations for purported violations of the Defense of Trade Secrets Act, 18 U.S.C. § 1836,

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et seq. (“DTSA”), the California Uniform Trade Secrets Act, Cal. Civ. Code § 3426 et seq.,

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California Business and Professions Code Section 17200, breach of contract, and

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conversion. See generally Complaint (“Compl.”), ECF No. 1. Subsequently, on October

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11, 2024, Plaintiff filed a Motion for Preliminary Injunction (“PI Mot.,” ECF No. 10)

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seeking to preliminarily enjoin Defendant from using, disclosing, or transmitting Syncro’s

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trade secrets, or its proprietary confidential information, including her retained knowledge

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of the contents of the improperly downloaded files, and seeking an order that she provide
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24-CV-1685 JLS (VET)

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a third-party reviewer, or Syncro’s outside counsel with attorney-eyes-only access to (i) all

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personal email accounts, (ii) any and all computing devices in her possession, custody, or

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control, and (iii) any other storage, account, or device on which she may have stored, or

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through which she may have transferred, Syncro’s trade secrets or confidential or

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proprietary information. PI Mot. at 2.

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The Parties have conferred on the terms of a preliminary injunction to be entered in

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response to Plaintiff’s Motion for Preliminary Injunction and Defendant stipulates with

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Plaintiff to allow entry and enforcement of a preliminary injunction, while denying liability

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in the substantive claims at issue. Joint Mot. at 2.

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The Court, having reviewed the stipulation and other relevant pleading and matters

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of record, finds that the entry of the Parties’ proposed Preliminary Injunction is “fair,

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reasonable and equitable and does not violate the law or public policy.” Sierra Club, Inc.

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v. Elec. Controls Design, Inc., 909 F.2d 1350, 1355 (9th Cir. 1990); Fed. Trade Comm’n

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v. Enforma Nat. Prods., Inc., 362 F.3d 1204, 1218 (9th Cir. 2004) (equating a consent

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decree to a stipulated preliminary injunction, “which is essentially a proposed injunction

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that reflects a temporary settlement”); see also, e.g., EcoShield Pest Sols. Portland, LLC v.

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Grit Mktg., LLC, No. 3:24-CV-00887-HZ, 2024 WL 2957072, at *1 (D. Or. June 12, 2024);

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N. Cent. Distrib., Inc. v. Bogenschutz, No. 117cv01351AWIEPG, 2019 WL 1004843, at *1

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(E.D. Cal. Mar. 1, 2019); Montrose Env’t Grp., Inc. v. Zephyr Air Quality Servs., LLC,

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No. 2:16-CV-00433-SAB, 2017 WL 393606, at *1 (E.D. Wash. Jan. 27, 2017).

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In that regard, the Court finds Plaintiff is entitled to the preliminary injunctive relief

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specified below; that Plaintiff has suffered and will continue to suffer irreparable injury if

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the requested relief is not granted; that remedies available at law, such as monetary

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damages, are inadequate to compensate for that injury; that, considering the balance of

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hardships between the Plaintiff and Defendant, a remedy in equity is warranted; and that

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the public interest would not be disserved by entering the proposed Preliminary Injunction.

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Accordingly, the Court GRANTS the Parties’ Joint Motion (ECF No. 16) and

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ORDERS (1) Defendant Brandi Crown is preliminarily enjoined from using, disclosing,
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or transmitting Syncro’s trade secrets, or its proprietary and confidential information,

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including her retained knowledge of the contents of the downloaded files as identified in

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the Complaint in this matter, and (2) an independent review shall be conducted and

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completed in accordance with the Parties’ Settlement Agreement and Memorandum of

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Understanding, executed on November 15, 2024.

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In light of the foregoing, the Court DENIES Plaintiff’s initial Motion for

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Preliminary Injunction (ECF No. 10) as MOOT, and VACATES the December 9, 2024

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hearing on that matter.

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IT IS SO ORDERED.
Dated: November 25, 2024

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