Hospitalists Management Group, LLC v. Florida Medical Affiliates, Inc. et al

Filing 34

ORDER granting 8 Motion for Preliminary Injunction. SEE ORDER FOR DETAILS. The Clerk is directed to CANCEL the June 25, 2014 Preliminary Injunction hearing. Signed by Judge Sheri Polster Chappell on 6/24/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HOSPITALISTS MANAGEMENT
GROUP, LLC,
Plaintiff,
v.

Case No: 2:14-cv-242-FtM-38DNF

FLORIDA MEDICAL AFFILIATES,
INC., KHALID SABHA and ANNE
RONCO,
Defendants.
/
ORDER1
This matter comes before the Court on Plaintiff’s Motion for Preliminary Injunction
(Doc. 8) filed on May 9, 2014. The Parties filed a stipulation with regard to the Motion for
Preliminary Injunction on June 24, 2014. (Doc. 33). This matter is now ripe for review.
Plaintiff Hospitalists Management Group, LLC filed an Amended Complaint on May
7, 2014, against Defendants Florida Medical Affiliates, Inc., Khalid Sabha, and Anne
Ronco. (Doc. 6). There are four counts in the Complaint: tortious interference with
contractual and business relations (Sabha and FMA) (Count I); breach of contract
(Ronco) (Count II); misappropriation of trade secrets (all) (Count III); and civil conspiracy
(all) (Count IV). In addition to filing the Complaint, Hospitalists Management Group filed

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this instant motion for Preliminary Injunction and a Motion to Expedite Discovery. (Doc.
8; Doc. 11). After holding a hearing, the Parties were able to agree to expedite discovery.
(See Doc. 28). The Parties have now stipulated to a preliminary injunction order and thus
have agreed to forego a preliminary injunction hearing. (Doc. 33). The Court has reviewed
the terms of the stipulation and has found good cause to order the agreed upon relief.
Accordingly, it is now
ORDERED:
1. Motion for Preliminary Injunction (Doc. 8) is GRANTED.
2. Pursuant to the Parties’ stipulation (Doc. 33):
a. Defendant Ronco’s employment with Defendant Florida Medical
Affiliates (“FMA”) will terminate effective June 19, 2014.
b. Defendant Ronco may not provide any services to or on behalf of
Defendant FMA or Defendant Sabha including as an employee,
independent contractor, partner, owner, investor, vendor or in any other
capacity from June 19, 2014 through June 19, 2015. Defendant Ronco
will comply with the Employee Proprietary Information and Inventions
Agreement (“EPII”) in all respects, not only with respect to Defendants
Sabha and FMA but also with respect to any other entities or individuals
covered in the EPII. With respect to the provisions of the EPII that have
a specified restricted period, the restricted period for Defendants Sabha
and FMA will begin to run on June 19, 2014. With respect to all other
entities and individuals covered in the EPII, the restricted period will be
begin to run on March 28, 2014.

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c. Defendant Ronco will return any and all information she retained during
her employment with Plaintiff, including confidential and non-confidential
information and including but not limited to, e-mails, text messages,
documents (both electronically stored and in hard copy), files, data and
any other information stored in any format no later than June 19, 2014.
d. Defendants Sabha and FMA will return any and all business information
related to Plaintiff no later than June 23, 2014. Defendants will not
incorporate any of the information described in paragraphs c and d in
any materials or presentations.
e. This Order is not intended to be a ruling on the reasonableness of the
geographic scope of the EPII with respect to Hospitalists or Hospitalist
Management Groups other than Defendants Sabha and FMA.
3. This stipulated Preliminary Injunction Order is entered without any findings of
fact or conclusions of law and shall not be construed as an adjudication on the
merits in this or any other proceeding.
4. The Clerk is directed to CANCEL the June 25, 2014 Preliminary Injunction
hearing.
DONE and ORDERED in Fort Myers, Florida this 24th day of June, 2014.

Copies: All Parties of Record

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