Preferred Popcorn, LLC v. Williams

Filing 29

ORDER granting 28 parties' joint motion for a stipulated permanent injunction 28 . Ordered by Judge John M. Gerrard. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PREFERRED POPCORN, LLC,
Plaintiff,

4:16-CV-3194

vs.
CHRISTINE WILLIAMS,

ORDER OF PERMANENT
INJUNCTION

Defendant.
This matter is before the Court on the parties' joint motion for a
stipulated injunction (filing 28). In accordance with the parties' settlement
and joint stipulations,
IT IS ORDERED:
1.

2.

Through November 28, 2018, Williams and those acting in active
concert or participation with her are enjoined from calling on or
soliciting the business of, or selling to, or servicing (directly or
indirectly, on Williams' own behalf or in association with any
other individual or entity) any of Preferred’s customers with
whom she actually did business and had personal contact while
employed by Preferred, except to the extent such activities are
unrelated to, and not competitive with, the business, products
and/or services that Williams offered or provided on behalf of
Preferred and cannot adversely affect Preferred’s relationship or
volume of business with such customers. This injunction applies
specifically to the customers identified on EXHIBIT A agreed to
by the parties (but not attached hereto). Notwithstanding the
foregoing, The Mennel Milling Company ("Mennel") remains free
to call on, solicit the business of, sell to or service any of the
customers identified on EXHIBIT A during the restricted time
period so long as Mennel does so without the direct or indirect
assistance of Williams.
Williams and those acting in active concert or participation with
her are enjoined from using, or disclosing or transmitting to any
person, including without limitation any employee or affiliate of

Mennel, any e-mails that Williams transmitted from Preferred to
herself, including without limitation on November 27, 2016.
Williams also shall immediately delete any of the e-mails she
transmitted from Preferred to herself in any form.
3.

Williams shall provide her phone (the "Williams Phone") to which
she transmitted or copied information from the iPhone that
Preferred issued to her (the "Preferred iPhone") to Vestige Digital
Investigation, a forensic computer company, which will image it
and provide a report to Williams’ and Preferred's counsel of the
contents, including data fragments and deleted information. The
forensic report shall be designated as “Confidential for Attorney
Eyes Only” pursuant to the Protective Order (Filing No. 20).
Counsel for the parties shall then agree upon what information
shall then be removed from the Williams Phone, including
without limitation, Preferred-related contacts and any other
Preferred-related information that was copied from the Preferred
iPhone to the Williams Phone (all such agreed information
referred to as the "Preferred Phone Information"). Vestige Digital
shall then promptly and permanently delete the Preferred Phone
Information from the Williams Phone and provide a written
report reproducing the contents of the Preferred Phone
Information that was deleted to counsel. Williams shall further
immediately delete any of the Preferred Phone Information from
any other media upon which it resides, if any, and she shall not
use the Preferred Phone Information for any purpose. The cost of
the forensic examination shall be shared equally by Williams and
Preferred.

4.

Williams and those acting in active concert or participation with
her are enjoined from directly or indirectly using, or disclosing to
Mennel or its employees or affiliates, the following information so
long as such information is not readily ascertainable by proper
means by the public or persons not employed by Preferred:
Preferred customer names, job price quotes for Preferred’s
customers, job orders, contract negotiation history with
Preferred’s customers, invoices, customer inquiries, distributor
pricing and referrals to distributors, the technical design for the
factory Preferred newly developed in a joint venture in India,
customer pricing strategies, customer needs and order history,
customer and prospective customer lists, leads and information,

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financial data, products and product development plans, pricing
and discount plans and practices, business plans and practices,
marketing plans, or any e-mail or document originating from
Preferred or the Customer Lists contained in Exhibit A to this
Stipulated Injunction.
5.

In the event Williams discovers that she possesses any property,
materials, or documents (regardless of whether in paper or
electronic format) belonging to Preferred that are or were
inaccessible by the public or persons not employed by Preferred,
she will immediately turn over such items to her counsel,
Kathryn E. Jones, who, in turn will then turn over the items to
counsel for Preferred, Christopher R. Hedican, Baird Holm LLP,
1500 Woodmen Tower, 1700 Farnam Street, Omaha, NE 681022068, [phone], [e-mail]. Nothing in this
paragraph shall limit any of the other obligations in this
Stipulated Injunction.

6.

Preferred’s claims in this action have been compromised and
settled and, therefore, this action shall be dismissed without
prejudice, with each party to bear her or its own costs and
attorneys’ fees incurred in connection with this case other than
the cost of the forensic phone examination which cost shall be
shared equally by the parties.

7.

Williams shall comply with the terms of the Loyalty Agreement
she signed on February 29, 2016, to the extent such terms are
enforceable under Nebraska and federal law.

8.

The Court retains jurisdiction to enforce this Order.

Dated this 17th day of March, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge

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