International Hair & Beauty Systems, LLC v. Simply Organic, Inc. et al

Filing 69

ORDER: The Report and Recommendation 52 is adopted in part and modified in part. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction Against Defendants Matthew Pinto and Simply Organic, Inc. 3 is GRANTED in part and DENIED in part. Defendants' Motion to Strike Allegations in Scott Mitchell's Affidavit 33 is GRANTED. Specifically, paragraphs 10, 11, 14, 22, 31, and 34 are STRICKEN from Scott Mitchell's Affidavit. Signed by Judge James S. Moody, Jr on 11/3/2011. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

INTERNATIONAL HAIR &
BEAUTY SYSTEMS, LLC,
Plaintiff(s),
v.

Case No: 8:11-CV-1883-T-30AEP

SIMPLY ORGANIC, INC., et al.,
Defendant(s).
___________________________________/

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Anthony E. Porcelli (Dkt. #52) and Plaintiff’s Objections
(Dkt. #59) thereto.
After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Objections, in conjunction with an independent examination of the file, the Court
is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted
in part, and modified in part.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

Plaintiff's Motion for a Temporary Restraining Order and Preliminary

Injunction Against Defendants Matthew Pinto and Simply Organic, Inc. (Dkt. #3) is

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GRANTED in part and DENIED in part as stated in the Magistrate Judge’s Report and
Recommendation (Dkt. #52).
2.

Plaintiff shall be required to post a bond in the amount of $10,000, instead of

the recommended $100,000.
3.

Defendant Simply Organic, Inc., Defendant Matthew Pinto, and anyone acting

in concert or participation with said Defendants, specifically including any agent, employee,
officer, or representative of Simply Organic Inc., and/or Matthew Pinto, are further ordered
to return to International Hair & Beauty Systems, LLC’s counsel any and all records,
documents, and/or other types of information pertaining to Plaintiff’s customer list(s),
whether in original, copied, handwritten, computerized (including computer software, disks,
computer hard drive and/or any other type of computer or digital information storage device),
or memorialized in any other form, within forty-eight (48) hours of this Order, and to swear
an oath via affidavit testifying that they have performed the same.
4.

Defendants' Motion to Strike Allegations in Scott Mitchell’s Affidavit (Dkt.

#33) is GRANTED. Specifically, paragraphs 10, 11, 14, 22, 31, and 34 are STRICKEN from
Scott Mitchell’s Affidavit.
DONE and ORDERED in Tampa, Florida on November 3, 2011.

Copies Furnished to:
Counsel/Parties of Record
S:\Odd\2011\11-cv-1883.adopt 52.wpd

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