Atlas Biologicals, Inc. v. Kutrubes et al

Filing 38

ORDER Extending Temporary Restraining Order and Entering Partial Injunction (Per Stipulation). It is ORDERED that this Court's Order granting Plaintiffs Ex Parte Motion for Temporary Restraining Order is extended until the Court's evidentiary hearing on 3/23/2015. By Judge Christine M. Arguello on 03/12/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00355-CMA-MEH
ATLAS BIOLOGICALS, INC.,
Plaintiff,
v.
THOMAS JAMES KUTRUBES, an individual,
PEAK SERUM, INC., a Colorado corporation, and
PEAK SERUM, LLC., a dissolved Colorado limited liability company,
Defendant(s).

ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND ENTERING
PARTIAL INJUNCTION (PER STIPULATION)

This matter is before the Court on the parties’ Stipulation for Partial Entry of
Preliminary Injunction, Limiting Issues for Preliminary Injunction Hearing, and Stipulated
Motion to Extend Temporary Restraining Order (“Stipulation”). (Doc. # 26.) This Court
entered an Order granting Plaintiff’s Ex Parte Motion for Temporary Restraining Order
(“TRO”) on March 3, 2015. (Doc. # 17.) Pursuant to Fed. R. Civ. P. 65(b)(2), this order
shall expire on March 17, 2015. (Id. at 11.) The Court is set to hold a half-day
evidentiary hearing on Plaintiff's Motion; however, due to scheduling conflicts, this
hearing will not occur until March 23, 2015, after the expiration of the Temporary
Restraining Order (Doc. # 24.) Consequently, the parties have agreed to extend the

TRO until the Court rules on the preliminary injunction, pursuant to Fed. R. Civ. P.
65(b)(2), Fed. R. Civ. P. 6(b)(1), and D.C.COLO.LCivR 6.1. (Doc. # 26 at 3-4.)
Accordingly, on stipulation of the parties, it is ORDERED that this Court’s Order
granting Plaintiffs Ex Parte Motion for Temporary Restraining Order is extended until the
Court’s evidentiary hearing on March 23, 2015.
Additionally, the parties have agreed to limit the issues at the evidentiary hearing
to those not otherwise resolved in their Stipulation, including whether the Defendants
may contact any customer or prospective customer in Atlas Biologicals, Inc.’s customer
list or database (see ECF # 17, at p. 11, ¶ f) and the extent to which Defendants may be
ordered to return to Plaintiff documents, electronically stored information, databases,
customer lists, vendor lists, or information derived from those things which Defendant
Kutrubes obtained from Plaintiff during the course of his employment. (Doc. # 26 at 2.)
Per the parties’ Stipulation, a preliminary injunction shall issue under Fed. R. Civ.
P. 65(a) for the reasons stated in the Court’s original order (Doc. #17), as to the
remaining issues.
Accordingly, it is ORDERED that Defendants Thomas James Kutrubes, Peak
Serum, Inc., and Peak Serum, LLC, and all of their agents, officers, managers,
employees, representatives, successors, assigns, attorneys, and all other persons
acting by, with, through, or under authority from any of the Defendants or in concert or
participation with any of them, are hereby temporarily restrained from:
a. Using the marks EquaFETAL, FETAL+PLUS, ATLAS, or ATLAS
BIOLOGICALS in connection with Defendants’ goods or services;

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b. Using any trademark, trade dress, service mark, name, logo, design or source
designation of any kind on or in connection with Defendant’s goods or
services that is a copy, reproduction, colorable imitation, or simulation of, or
confusingly similar to the trademarks, trade dress, service marks, names or
logos of Atlas Biologicals, Inc.;
c. Using any trademark, trade dress, service mark, logo, design or source
designation of any kind on or in connection with Defendant’s goods or
services that is likely to cause confusion, mistake, deception, or public
misunderstanding that such goods or services are produced or provided by
Atlas Biologicals, Inc., are sponsored or authorized by Atlas Biologicals, Inc.,
or are in any way connected with, controlled by, or related to Atlas
Biologicals, Inc.;
d. Using and further the proprietary information and trade secrets of Atlas
Biologicals to produce bovine or equine serum based products, including
EquaFETAL or blended or proprietary products based on Atlas’ proprietary
information and trade secrets;
e. Producing products containing EquaFETAL or EquaFETAL in combination
with other products; and f. Deleting, destroying, erasing or otherwise making
unavailable for further proceedings in this matter any Atlas business
information, trade secrets, proprietary information, tangible or intangible
property, and any information belonging to or relating to any Atlas customer

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or vendor which information was improperly obtained by Kutrubes or Peak
Serum during Kutrubes’ employment with Atlas.
f. Deleting, destroying, erasing or otherwise making unavailable for further
proceedings in this matter any Atlas business information, trade secrets,
proprietary information, tangible or intangible property, and any information
belonging to or relating to any Atlas customer or vendor which information
was improperly obtained by Kutrubes or Peak Serum during Kutrubes’
employment with Atlas.

DATED: March 12, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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