Paymentech, LLC v. Napoli et al

Filing 96

CONSENT PERMANENT INJUNCTION. Signed by Judge James D. Whittemore on 4/21/2011. (KE)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

PAYMENTECH, LLC,

)

vs.

)
)
)
)

CIVIL ACTION NO.
8:10-cv-02195-T27-AEP

Plaintiff,

CARL NAPOLI, JERRY NAPOLI,

)
)

STEVE VICKERS. and

)

iTEAMSOLUTIONS. LLC,

)
)

Defendants.

)

CONSENT PERMANENT INJUNCTION

At the request and with the consent of counsel for all parties, the plaintiff, Paymentech,
LLC ("Plaintiff" or "Paymentechj. and the defendants, Carl Napoli. Jeny Napoli. Steve
Vickers, and iTeamSolutions, LLC ("iTeam.Solutions"). voluntarily enter into the following
Consent Pennanent Injunction in connection with the settlement of this litigation:

IT IS ORDERED that the defendants (including anyone acting under their direction or
control and anyone acting in concert with them) are restrained and enjoined from. directly or
indirectly:

1.

Using or disclosing any ofPaymentech's Orbital Gateway Source Code.

2.

Engaging in any unauthorized use or disclosure ofPaymentech's Orbital Gateway
Source Code.

3.

Destroying. deleting, altering, or failing to preserve Paymentech's Orbital
Gateway Source Code, except as required in the parties' Settlement Agreement.

4.

Through and including March IS. 2012, (a) attempting to hire or otherwise
encourage any Paymentech employee who worked in Paymentech's Tampa office
as of September 29,2010 to leave Paymentech or (b) working as an employee for,
or contracting with, or working directly in any capacity with any Independent

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Sales Organizations or Value Added Retailers which had a contractual
relationship with Paymentech as of September 29, 2010, as identified in the
Settlement Agreement out of which this Consent Injunction arises, or (c) working
as an employee for, or contracting with, or working directly in any capacity with
First Data Corporation.
For purposes of this injunction, "Paymentech's Orbital Gateway Source Code"
means the non-public code used by Paymentech to do the following: support
merchants for debit, credit, and electronic check payments in a variety of
currencies, provide security features, including web-enabled payment gateway,
hosted web-based application, multiple programming interfaces (XML & Web
Services), a Virtual Terminal, PC & Apple browser support, connectivity through
dial, SFTP, frame and Internet, multi-merchantlmulti-terminal ID support, autosettlement of batches, batch settlement retry functionality, duplicate detection,
CSV/data import functionality, credit card processing, debit card processing,
Debit Bill Payment (pINLess) processing, electronic check processing, Bill Me
Later (BML) processing, gift card processing, international card and direct debit
processing, retail processing, Card Not Present processing, authorization
transactions, account verification transactions, reversal transactions, deposit
transactions. refund transactions, multi-currency processing, Multi Merchant
batch processing, extensive & comprehensive transaction & batch reporting
(Generic, Profiles, Managed Billing & PINLess), Account Updater, fraud
management tools (AVS, CVV2, CVC2, CID, VbV. SecureCode), commercial
card processing (Level II, Level III), protected data transmission through 128-bit
SSL protocol, management of split shipments and back orders, transaction history
retention, self administration user management functions (security, access
control), Customer Profile Management (Tokenization), data encryption,
authorization recycling, soft descriptor support, Quick Credit via Transaction
Reference Number, managed bi1ling (recurring deferred, installment, email
messaging, account updater), and Merchant Selectable Response (fraud mitigation
tool).
THE DEFENDANTS ARE FURTHER ORDERED to (a) certify under oath that they
have attempted in good faith to retrieve and return to Paymentech, or have pennanently deleted,
or will permanently delete under Paymentech's supervision, protocol, and verification, all
tangible and intangible Paymentech property that the defendants once had in their respective
possession. custody, andlor control; (b) notify Paymentech of tangible or intangible Paymentech
property which the defendants may subsequently locate, and (c) either return the property to
Paymentech or delete the property under Paymentech's supervision, protocol, and verification, at
Paymentech's election.

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The parties acknowledge this injunction is not based on any admission of willful or
malicious misappropriation of intellectual property by defendants. that the defendants are
committing to cooperate in protecting Paymentech's Orbital Gateway Source Code. and that this
injunction is entered to protect Paymentech's Orbital Gateway Source Code.
The defendants waive the requirement that Paymentech post a bond for issuance of this
Consent Permanent Injunction.
By stipUlation and agreement of the parties, the Court shall retain jurisdiction over the

parties and this matter for purposes of enforcing the parties' separate Settlement Agreement and
the tenns of this Consent Pennanent Injunction, which continuing jurisdiction shall be unaffected
by the final dismissal with prejudice of all claims asserted in this lawsuit
~

SO ORDERED this)J day of

April

AGREED AS OF APRIL~. 2011

FOR DEFENDANTS:

COUNSEL FOR PAYMENTECH, LLC:

..

Davi

/.

, Esquire

Bush Ross. P.A.
P.O. Box 3913
Tampa, FL 33601-3913
Firmwide:IO 1052826.4 065834.1001

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