EMS USA, Inc. v. Integrity Services LLC et al

Filing 9

STIPULATED TEMPORARY RESTRAINING ORDER AND ORDER FOR LIMITED EXPEDITED DISCOVERY re: 8 Joint Motion for Order Vacating Preliminary Injunction Hearing, for Entry of Stipulated Temporary Restraining Order and Order for Limited Expedited Discovery and 2 Plaintiff's Motion for Temporary Restraining Order. The preliminary injunction hearing set for 11/3/2011 at 9:00 AM is hereby vacated. By Judge Christine M. Arguello on 11/3/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-02832-CMA-BNB
EMS USA, INC.,
Plaintiff,
v.
INTEGRITY SPECIALISTS LLC, and
THOMAS R. RIPPER, an individual,
Defendants.

STIPULATED TEMPORARY RESTRAINING ORDER AND
ORDER FOR LIMITED EXPEDITED DISCOVERY

This matter is before the Court on the Joint Motion for Order Vacating Preliminary
Injunction Hearing, for Entry of Stipulated Temporary Restraining Order and Order for Limited
Expedited Discovery (Doc. # 8), filed by Plaintiff EMS USA, Inc. (“EMS”) and Defendant
Integrity Specialists LLC (“Integrity”). The Court, having considered the same, the Complaint,
Plaintiff's Motion for Temporary Restraining Order (Doc. #2), and the exhibits filed therewith,
FINDS AS FOLLOWS:
1.

EMS’s Motion for Temporary Restraining Order sets forth the elements and facts

in support of a TRO.
2.

In the interest of avoiding the expense and uncertainty of contesting EMS’s

Motion for a TRO – but without admitting the validity of and without prejudice as to its right
to challenge the facts and claims asserted by EMS, or to present its own facts and claims, and

defenses (including without limitation the defense that claims are subject to arbitration) –
Integrity stipulates to the entry of this Order for Temporary Restraining Order and for Limited
Expedited Discovery.
IT IS, THEREFORE, ORDERED AS FOLLOWS:
3.

The preliminary injunction hearing set for November 3, 2011 at 9:00 AM is

hereby VACATED.
4.

Defendant Integrity (and its owners, agents, and employees):
a.

Shall not solicit EMS employees in violation of the Contractor

Agreement; and shall notify EMS if it hires an EMS employee;
b.

Shall not directly or indirectly solicit the business of or contact EMS

customers about whom Integrity or its employee Defendant Thomas R. Ripper (“Ripper”)
learned, respectively, as subcontractor and employee of EMS. To provide clarity regarding such
restrictions, following the entry of a stipulated protective order, satisfactory to EMS, EMS’s
counsel will provide Integrity’s counsel with a list of the 9 customers EMS believes to fit within
the restrictions, which customer list shall be designated “Attorney’s Eyes Only” and not shared
with Integrity. Should Integrity seek to expand its business beyond the 5 customers it is
presently working with, as disclosed to EMS’s counsel on November 2, 2011, Integrity will
first notify its own counsel of any additional proposed customer and will not proceed with that
customer if its counsel informs it that the customer is on the list provided by EMS, provided that
Integrity cannot show such customer was a customer of Integrity before May 1, 2011;

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c.

Shall adhere to its contractual confidentiality promises to EMS in its

Contractor Agreement, not to otherwise disclose or use any EMS confidential information or
trade secrets, and abide by the other executory provisions in its Contractor Agreement; and
d.

Shall direct its employee, Defendant Ripper, not to violate his

confidentiality agreement with EMS.
5.

This stipulated temporary restraining order shall continue for a period of 45 days

or such earlier date as this Court or an arbitrator with jurisdiction enters an order vacating or
superseding this Order.
6.

The parties shall be entitled to conduct expedited discovery in advance of the

ordinary start of discovery provided by Fed. R. Civ. P. 26 for purposes of preparation for any
preliminary injunction or interim relief hearing. Each party may propound five (5) requests for
production, five (5) interrogatories, and take three (3) depositions. Written discovery responses
shall be expedited, with documents produced and interrogatory responses propounded within 10
calendar days after service of the requests. As it is expected that discovery in this case will seek
confidential and proprietary information, the parties shall file with the Court, for the Court’s
signature, a stipulated protective order within seven (7) calendar days from the date of this
Order.
7.

Following the entry of the stipulated protective order, satisfactory to Integrity,

Defendant Integrity shall make available to EMS’s computer expert all computers and electronic
accounts with which it conducts business or has communicated with EMS employees or
customers or with Ripper, for a forensic exam and search for relevant documents. EMS’s
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expert will be permitted to create a duplicate copy of each such device's hard drive at the
location of Defendants’ choice, and then search the duplicate copy for relevant documents.
The parties shall work together to reach a stipulated procedure that allows Integrity a reasonable
window (i.e., five (5) business days) to review, lodge any objections to the production of, and/or
designate certain responsive documents as confidential or attorneys’ eyes only before they are
disclosed to EMS. If Integrity believes that certain documents are privileged or otherwise should
not be produced at all, they may designate them as such, with a privilege log, and they shall not
be disclosed to EMS, until further order of this Court. The computer expert may not disclose the
copies of the hard drives or the documents culled from the search except pursuant to this Order
or the stipulation of the parties.
DATED: November 03 , 2011
BY THE COURT:

___________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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