Denarii Systems, LLC v. Tellez et al

Filing 17

ORDER granting 4 Motion for Temporary Restraining Order; granting 4 Motion for Preliminary Injunction. Signed by Magistrate Judge John J. O'Sullivan on 6/17/2011. (mkr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-22149-CIV-LENARD/O'SULLIVAN
DENARII SYSTEMS, LLC
Plaintiff,

v.
JUAN CARLOS TELLEZ,
JONATHAN BARRIOS,
MARIO GIL,
ANGEL PACHECO and
JENNI GUISTI,
Defendants.
________________________.1

AGREED CONSENT ORDER GRANTING PLAINTIFF'S MOTION FOR
PRELIMINARY INJUNCTION
THIS CAUSE came before the Court in Miami, Florida on June 17,2011 at 12:30 PM on
Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction and
Incorporated Memorandum oflaw ("Motion") (D.E. 4, 6115/11).
At the hearing, Defendants Juan Carlos Tellez, Jonathan Barrios, Mario Gil, Angel
Pacheco, and Jenni Guisti stated through counsel that they consent to the entry of this
Preliminary Injunction, without admitting any of the allegations of wrongdoing asserted by the
Plaintiff in the Complaint CD .E. 1) and other filings.
The Court finds, and the parties agree, that this Court has subject matter jurisdiction over
this action pursuant to 28 U.S.C. §§ 1331 and 1367. Further, this Court has personal jurisdiction
over Defendants because they resided in this judicial district at all times material to this action
and because the acts alleged in the Complaint occurred in this district.

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Accordingly, based on the stipulation of the parties it

IS

hereby ORDERED and

ADJUDGED as follows:

1.

Plaintiffs Motion for a Preliminary Injunction is GRANTED as follows.

2.

This Preliminary Injunction replaces and supersedes this Court's Order (D.E. 12,
6116/2011 )

3.

The following definitions apply to this Preliminary Injunction:
a. The term "Storage Media Device" shall mean any device used to store
electronic data.
b. The term "Document(s)" shall include any and all hard copy documents or
electronically stored information, including writings, drawings, graphs, charts,
photographs, sound recordings, images, electronic mail ("e-mail"), text
messages, and other data or data compilations stored in any medium,
including metadata.
c. The term "Denarii Systems' Confidential Information" shall mean trade
secrets, confidential and proprietary information of Denarii Systems that
Denarii Systems has not shared with persons other than employees,
contractors, consultants, and owners and which Denarii Systems has taken
steps to protect from public disclosure. This includes, without limitation, all
of the Denarii Systems' proprietary technology, including the source code
used to build the software to operate the Denarii Systems' platform as
described in the Complaint and Motion.

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4.

Defendants, directly or indirectly, their agents, employees, or other persons acting
in concert with them, are hereby RESTRAINED AND ENJOINED as follows
pending further order of the Court:
(a)

Defendants shall not destroy, alter, remove, secrete, or interfere
with any records, Documents, data, notes, or electronically stored
information, in whatever form, owned, held, or controlled by
Defendants

that

contain

Denarii

Systems'

Confidential

Information, including the Storage Media Devices identitied by
Plaintiff

as

the

Centon

DS _Pro,

SanDisk

Cruzer,

IronKeySecure_Drive, and HUAWEI MMC_Storage device that
may have accessed a laptop used by Defendant Tellez.

With

regard to any hardware or software in Defendants' possession,
custody or control that contains or has contained Denarii System's
Confidential Information or e-mails, the parties' have agreed to
submit an order with agreed upon procedures with regard to the
joint examination, copying by counsel for purposes of this
litigation, and custody of such hardware and software;
(b)

Defendants shall not use or disclose Denarii Systems' Confidential
Information;

(c)

Defendants shall not use, disclose or disseminate Denarii Systems'
e-mails, including without limitation e-mails addressed to or from
Denarii Systems e-mail accounts, including Defendants, and shall

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surrender this information to Denarii Systems to the extent it is in
their custody, control, or possession;
(d)

Defendants shall not use, disclose or disseminate any of Denarii
Systems' electronic files transferred by Defendant Tellez to any
File Transfer Protocol server;

(e)

Defendants shall not use, disclose or disseminate any other Denarii
Systems property taken from Denarii Systems without its
permission;

(f)

Defendants shall immediately preserve, account for, and transfer to
Plaintiff (pursuant to the forthcoming agreed upon procedures
referenced in paragraph 4(a) above) Denarii Systems' Contidential
Information, Denarii Systems' property, including tiles, data, or
other information, whether tangible or intangible, hard copy or
electronic format, including any removable storage media devices
on which Denarii Systems' electronic files or data were or are now
stored, including the Storage Media Devices identified by Plaintiff
as the Centon DS_Pro, SanDisk Cruzer, IronKeySecure_Drive, and
HUAWEI MMC_Storage device that may have accessed a laptop
used by Defendant Tellez;

(g)

Defendants shall refrain

from accessmg Denarii Systems'

computer hardware, computer software, private network, or e-mail
accounts in any way;

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(h)

Defendants shall refrain from downloading, uploading or accessing
in any way all Denarii System information and data stored or
previously stored on the File Transfer Protocol (FTP) Server and
any other server that Defendant Tellez used on or around and after
the date of his resignation from Denarii Systems;

(i)

Defendants shall cease any solicitation of Denarii Systems' clients
and

prospective clients with whom Denarii

Systems has

established business relationships using any of Denarii Systems'
Confidential Information; and

(j)

Defendants shall provide a full account of any Confidential
Information that Defendants already have disseminated to any third
parties, either in anticipation of or following Defendants'
resignations.

5.

In light of the parties' agreement to the entry of this preliminary injunction, there
is no bond necessary to protect against the entry of a wrongful injunction, and this
injunction shall become effective immediately.

The restrictions set forth in this Order shall remain in effect until the conclusion of this
case, or further order of this Court.
DONE AND ORDERED in Chambers, at Miami, Florida,

JOHN J.
UNITED

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Copies provided to:
United States District Judge Lenard
All counsel of record

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