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)

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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

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