Ryan, LLC v. Evans et al

Filing 68

ORDER: The Court declines to adopt the Magistrate Judge's ruling that Plaintiff failed to show a likelihood of success on the merits on its claims for violations of 18 U.S.C. § 1030(a)(2)(C) and (a)(4). The Report and Recommendation 58 of the Magistrate Judge is adopted, confirmed, and approved in all other respects and is made a part of this order for all purposes, including appellate review. Plaintiff's Emergency Motion for Temporary Restraining Order 2 , construed as a motion for preliminary injunction, is GRANTED in part and preliminary injunctive relief is granted on the following terms: (See Order for details). Signed by Judge James S. Moody, Jr on 4/30/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

RYAN, LLC,
Plaintiff,
v.

Case No: 8:12-CV-289-T-30TBM

CHARLES J. EVANS, JR., ALLEN
ESPINOSA, MERIT APPRAISAL &
TAX CONSULTING GUILTY PLEA, LLC,
and MERIT APPRAISAL & TAX
CONSULTING, LP.,
Defendants.
___________________________________/

ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Thomas B. McCoun, III (Dkt. #58), the Plaintiff's Objections
(Dkt. #64), Defendants’ Response (Dkt. #65), and Defendants’ Notice of Joinder (Dkt. #66)
filed thereto.
After careful consideration of the Report and Recommendation of the Magistrate
Judge, the Objections, the Response, the Notice of Joinder, and 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 modified in part, and adopted in part. Specifically,
based upon the Eleventh Circuit’s decision in U.S. v. Rodriguez, 628 F.3d 1258 (11th Cir.
2010), the Court declines to adopt the Magistrate Judge’s conclusion that Plaintiff has failed

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to show a likelihood of the merits on its claims for violations of 18 U.S.C. § 1030(a)(2)(C)
and (a)(4); the Court declines to assert any opinion on this issue at this time, noting that the
Magistrate Judge’s preliminary injunction recommendation does not depend upon its
conclusion on this matter. The Court does, however, adopt the Magistrate Judge’s Report
and Recommendation in all other respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

The Court declines to adopt the Magistrate Judge’s ruling that Plaintiff failed to

show a likelihood of success on the merits on its claims for violations of 18 U.S.C. §
1030(a)(2)(C) and (a)(4).
2.

The Report and Recommendation (Dkt. #58) of the Magistrate Judge is adopted,

confirmed, and approved in all other respects and is made a part of this order for all purposes,
including appellate review.
3.

Plaintiff's Emergency Motion for Temporary Restraining Order (Dkt. #2),

construed as a motion for preliminary injunction, is GRANTED in part and preliminary
injunctive relief is granted on the following terms:
A.

Defendants are enjoined from destroying or altering any evidence;

B.

Defendants are enjoined to return to Plaintiff Ryan, LLC any and all

information and data, in whatever format, taken from Plaintiff Ryan, LLC, excluding matters
of a purely personal nature to Charles J. Evans, Jr. and Allen Espinosa. To facilitate the
return of all such matters and to the extent that such has not already been agreed to,
Defendants are ordered to permit the inspection of any computer and server storing Plaintiff

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Ryan, LLC’s confidential or proprietary matters by a qualified independent forensic
examiner under an agreed upon search protocol;
C.

Defendants are enjoined from using or disclosing any Plaintiff Ryan,

LLC confidential or proprietary information unless otherwise permitted by Plaintiff Ryan,
LLC;
D.

Defendants are enjoined from soliciting or providing services to any

Plaintiff Ryan, LLC client in connection with any business for which Plaintiff Ryan, LLC
had an engagement agreement with or with which (or whom) Plaintiff Ryan, LLC can
demonstrate that it was negotiating an engagement agreement at the time Charles J. Evans,
Jr. and Allen Espinosa left its employ.
E.

Defendants are enjoined from soliciting or inducing any Plaintiff Ryan,

LLC employee from terminating his or her position with Plaintiff Ryan, LLC and hiring or
engaging as an independent contractor any employee of Plaintiff Ryan, LLC who is or was
employed by Plaintiff Ryan, LLC prior to Charles J. Evan, Jr.’s and Allen Espinosa’s leaving
its employ; and
F.

The provisions hereof shall take effect upon Plaintiff Ryan, LLC’s

posting a $25,000 bond.
DONE and ORDERED in Tampa, Florida on April 30, 2012.

Copies Furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-289.adopt 58.wpd

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