TNT Fleet Supply, LLC v. McNure et al

Filing 17

ORDER granting 5 Motion for preliminary injunction. Further, Plaintiff shall SHOW CAUSE by way of legal briefing as to how this Court has subject matter jurisdiction under the Defend Trade Secrets Act, 18 U.S.C. § 1831 et seq., within 14 days hereof. Defendants shall have 14 days thereafterto respond. Signed by Judge Dudley H. Bowen on 2/7/17. (cmr)

IN THE

UNITED

STATES

DISTRICT

SOUTHERN DISTRICT

OF

COURT

FOR THE

GEORGIA

DUBLIN DIVISION

TNT FLEET SUPPLY,

LLC,

Plaintiff,

CIVIL
CV

ACTION

NO

317-006

v.

BRANDON MCNURE, FREIGHTLINER
OF SAVANNAH, INC., and DUBLIN
TRUCK PARTS, LLC,
Defendants.

ORDER

On January 25,

2017,

Plaintiff TNT Fleet Supply,

LLC,

filed the captioned matter upon allegations that Defendants
Brandon McNure,
Truck

Parts,

LLC

customer lists
the

federal

Freightliner of Savannah,
("Defendants")

("the Lists")

Defend

Trade

Inc.,

misappropriated

from Plaintiff

Secrets

and Dublin

Act,

18

certain

in violation of

U.S.C.

seq., and the Georgia Trade Secrets Act, O.C.G.A.

§

1831

et

§ 10-1-760

et seq.

Plaintiff also filed a motion for a temporary restraining
order

and

for

preliminary

injunction.

Defendants

were

promptly served with the summons and complaint and the Court's

Order

of

January

expedited

hearing

relief.

30,
on

2017,
its

which

motion

for

granted

Plaintiff

immediate

an

injunctive

The matter came before the Court for said hearing on

February 1, 2017; all parties appeared and were represented by
counsel.

The

Court

heard

the

principal witnesses in the case.

testimony

of

most

of

the

Following the hearing, the

parties have been negotiating a resolution of the matter, but
in

the

interim,

they

have

agreed

to

certain

immediate

injunctive relief and submitted proposed consent orders
chambers on February 6, 2017.
submissions,

the

Court

Having assimilated the separate

GRANTS

Plaintiff's

preliminary injunction (doc. no. 5)
1.
Lists,

to

request

for

a

as follows:

Defendants must immediately secure all copies of the
whether electronic or paper copy,

and ensure that no

one has access to the Lists other than counsel for Defendants;

2.
way,

Defendants are restrained and enjoined from,

directly

or

indirectly,

using

or

in any

disclosing,

or

permitting anyone other than counsel for Defendants access to,
the Lists;

3.

Defendants shall preserve all information in their

possession, custody or control, whether in electronic or hard
copy,

regarding or related to TNT's claims contained in the

Complaint.
This Order is binding upon Defendants,

their officers,

agents, servants, employees, and attorneys, and all persons in
active concert or participation with all of

them who receive

actual notice of the Order by personal service or otherwise in

accordance

with

Federal

Rule

of

Civil

Procedure

65(d)(2).

Defendants are instructed to provide a copy of this Order to
all Freightliner of Savannah and Dublin Truck Part employees
and agents.

This preliminary injunction shall

remain

effect until further order of this Court.

in

force and

Further,

Plaintiff

shall SHOW CAUSE by way of legal briefing as to how this Court

has subject matter jurisdiction under the Defend Trade Secrets
Act,

18

hereof.

U.S.C.

§

1831

et

seq.,

within fourteen

Defendants shall have fourteen (14)

(14)

days

days thereafter

to respond.

ORDER
February,

ENTERED

at Augusta,

Georgia,

this

7th

day

of

2017.

UNITED/STATES DISTRICT JUDGE