Decision Economics, Inc. v. Blank

Filing 14

Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER, granting 3 MOTION for Injunctive Relief filed by Decision Economics, Inc. See Order for details. (Patch, Christine)

United States District Court
District of Massachusetts
________________________________
)
DECISION ECONOMICS, INC.,
)
Plaintiff,
)
)
)
Civil Action No.
v.
)
12-10673-NMG
)
JOHN J. BLANK,
)
Defendant.
________________________________ )
ORDER
GORTON, J.
This cause came to be heard before the Court on Friday, May
11, 2012 upon a motion for preliminary injunction filed by
plaintiff Decision Economics, Inc. (“DE”).

After the hearing and

after considering the pleadings, materials, arguments presented
by counsel and the record as a whole, the Court has determined
that all conditions and requirements have been satisfied for the
injunctive relief sought herein.

Plaintiff’s Motion For

Preliminary Injunction (Docket No. 3) is therefore ALLOWED.

PRELIMINARY INJUNCTION

It is hereby ORDERED, ADJUDGED AND DECREED that, from the
date of this Order until the conclusion of the trial in this
action, unless otherwise ordered by the Court:
1)

Defendant John Blank (“Defendant”), his agents, and all
persons who act in concert or participation with him who
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receive actual notice of this Order, are ENJOINED and
prohibited from
a)

b)

2)

using, copying, disclosing, or publishing to anyone, or
deleting or destroying, any documents, electronically
stored information (“ESI'”), information,
communications, files, lists, data, records,
compilations, hard drives, removable electronic media,
or electronically stored data in any form and of any
kind, including any originals, duplicates, and/or
copies, that belongs, belonged, concerns, refers or
pertains to DE in any manner, including, specifically
and without limitation, information with respect to
DE’s clients or customers, historical asset
allocations, research, analysis, reports, publications,
trade secrets, processes, formulae, data and know-how,
improvements, inventions, techniques, marketing plans,
strategies, forecasts, or methods of serving clients or
customers (collectively, “DE Proprietary Information”);
and
discarding, deleting, erasing, destroying, or purging
any documents, ESI, e-mails, data, compilations, files,
metadata or information of any kind, stored on any
computer system, hard drives, removable electronic
media, portable or handheld devices (including, without
limitation, any iPhones, iPads, BlackBerrys, smart
phones, or the like), and other locations (including,
but not limited to, third-party email systems, on- or
off- line data storage, and social media sites) owned
or controlled by the defendant, pending investigation
and an analysis by a third-party neutral document
retrieval/forensic computer expert.

On or before Friday, May 25, 2012, Defendant, his agents,
and all persons who act in concert or participation with him
who receive actual notice of this Order, shall
a)

disclose to DE’s counsel, in writing and under oath,
the location of any DE Proprietary Information in their
possession, custody or control;

b)

provide a copy of this Order to each person or entity,
other than DE and its attorney, whom they know or
believe to have received, directly or indirectly, DE
Proprietary Information; and

c)

provide written disclosure, under oath, to DE’s counsel
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fully identifying, and confirming that they have
provided notice to, each such person or entity.
3)

Plaintiff, pursuant to Fed. R. Civ. P. 65(c), shall post a
security bond in the amount of Seven Thousand Five Hundred
Dollars ($7,500) as soon as reasonably practicable after
entry of this Order but in any event no later than close of
business Friday, May 25, 2012.

So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated May 14, 2012

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