Roth Staffing Companies d/b/a Ultimate Staffing Services v. Canos

Filing 18

CONSENT JUDGMENT Granting 17 Stipulated Consent Judgment in favor of Roth Staffing Companies and against Patrick Canos. Signed by Judge Jennifer A. Dorsey on 9/11/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 7 WENDY MEDURA KRINCEK, ESQ., Bar # 6417 KATHRYN B. BLAKEY, ESQ., Bar # 12701 LITTLER MENDELSON 3960 Howard Hughes Parkway, Suite 300 Las Vegas, NV 89169-5937 Telephone: 702.862.8800 Fax No.: 702.862.8811 Email: Email: Attorneys for Plaintiff Roth Staffing Companies, L.P., d/b/a Ultimate Staffing Services 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 ROTH STAFFING COMPANIES, L.P., d/b/a ULTIMATE STAFFING SERVICES, a California Limited Partnership, 14 Plaintiff, 15 vs. 16 Case No. 2:17-cv-00295-JAD-PAL STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION PATRICK CANOS, an individual, and DOES, 17 Defendant. 18 19 This matter comes before the Court on Plaintiff ROTH STAFFING COMPANIES, L.P., 20 d/b/a ULTIMATE STAFFING SERVICES’ (hereinafter “ULTIMATE STAFFING” or “Plaintiff”) 21 Complaint against Defendant PATRICK CANOS (hereinafter “CANOS” or “Defendant”). 22 WHEREUPON, the parties have reached an agreement and have advised the Court of their 23 desire to resolve this action, in part pursuant to the terms of this Consent Judgment and Permanent 24 Injunction. The resolution of this action between the parties is contingent upon entry by the Court of 25 this Consent Judgment and Permanent Injunction. 26 /// 27 /// 28 /// LITTLE R MEND ELSO N, P .C . ATTORNEYS AT LAW 3960 H oward Hugh es Parkway Suite 3 00 Las Veg as, NV 89169-5937 702.8 62.8800 1 2 3 ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. CANOS shall promptly deliver to ULTIMATE STAFFING (and shall not keep in his 4 possession, recreate or deliver to anyone else) any and all devices, records, data, notes, reports, 5 proposals, lists, client lists, client contact information, other client information, correspondence, 6 other documents or property, or reproductions of any of the aforementioned items which came into 7 CANOS’ possession pursuant to or as a result of his employment with ULTIMATE STAFFING, that 8 constitute Confidential Information, if any (as defined in his Employment Agreement with 9 ULTIMATE STAFFING dated July 19, 2013 and attached hereto as Exhibit A), or otherwise 10 11 belonging to ULTIMATE STAFFING, its successors or assigns. 2. CANOS will return all information, if any taken from ULTIMATE STAFFING, 12 including any thumb drives and any information on his computers, phones, or other electronic 13 storage devices and not retain any copies of such information. 14 disclosures as to how he used the information, if any taken from ULTIMATE STAFFING and to 15 whom he disclosed it. 16 3. CANOS will give complete CANOS represents that his disclosures are complete and that there was no other 17 alleged misappropriation of ULTIMATE STAFFING’s confidential business information or trade 18 secrets. If it is determined that CANOS has retained any confidential business information and in 19 the event there is further discovery of misappropriation by CANOS of any ULTIMATE STAFFING 20 Confidential Information or trade secret, CANOS will be liable for liquidated damages in the amount 21 of $25,000 for each instance where ULTIMATE STAFFING can prove such retention or further 22 misappropriation. 23 4. For a period of one (1) year from the date of entry of this Consent Judgment and 24 Permanent Injunction, CANOS agrees that he shall not, directly or indirectly, own an interest in, 25 operate, join, control, or participate in, or be connected as an officer, employee, agent, independent 26 contractor, partner, shareholder, or principal of any corporation, partnership, proprietorship, firm, 27 association, person, or other entity and performing substantially similar duties or functions as 28 CANOS’ duties or functions as a former employee of ULTIMATE STAFFING, which directly or 2. LITTLE R MEND ELSO N, P .C . ATTORNEYS AT LAW 3960 H oward Hugh es Parkway Suite 3 00 Las Veg as, NV 89169-5937 702.8 62.8800 1 indirectly competes with ULTIMATE STAFFING (other than as a passive stockholder in such 2 corporations whose stock is traded on a recognized stock exchange) within 25 miles of any location 3 at which CANOS worked, was assigned, or over which the CANOS had responsibility or 4 supervisory authority. 5 5. For a period of one (1) year from the date of entry of this Consent Judgment and 6 Permanent Injunction, CANOS shall not, directly or indirectly or by action in concert with others, 7 solicit, induce or influence (or seek to induce or influence) any ULTIMATE STAFFING CLIENTS 8 (collectively, referred to herein as “ULTIMATE STAFFING CLIENTS” and identified in “Exhibit 9 B” attached hereto), or prospective clients with whom he did business within the last 18 months of 10 his employment with ULTIMATE STAFFING, for the purpose of promoting or selling any products 11 or services on behalf of Competitor Company or any other subsequent employer in a competitive 12 business, until one year after the date of entry of this Consent Judgment. 13 6. CANOS, on behalf of himself or by action in concert with any Competitor Company, 14 shall not accept any business from any ULTIMATE STAFFING CLIENTS if such business is the 15 result of CANOS directly or indirectly, or by action in concert with others, soliciting, inducing or 16 influencing such entities at any time prior to one year after the date of entry of this Consent 17 Judgment. 18 7. CANOS shall not, directly or indirectly or by action in concert with others, solicit, 19 induce or influence (or seek to induce or influence) any person who is engaged by ULTIMATE 20 STAFFING (as a temporary or regular employee, agent, independent contractor, or otherwise) to 21 terminate his/her employment or engagement, until one year after the date of entry of this Consent 22 Judgment. 23 24 8. proprietary and/or trade secret information. 25 26 9. LITTLE R MEND ELSO N, P .C . ATTORNEYS AT LAW 3960 H oward Hugh es Parkway Suite 3 00 Las Veg as, NV 89169-5937 702.8 62.8800 CANOS will abide by the terms of his Employment Agreement with ULTIMATE STAFFING dated July 19, 2013. 27 28 CANOS will not disclose or use any of ULTIMATE STAFFING’s confidential, 10. The violation of any of the terms herein may be punishable as a contempt of court. /// 3. 1 11. In the event that ULTIMATE STAFFING proves in a court of competent jurisdiction 2 that CANOS breached Paragraph(s) 4, 5, 6, or 7, of this Consent Judgment, ULTIMATE 3 STAFFING shall be entitled to promptly recover from CANOS, Fifty Thousand Dollars and Zero 4 Cents ($50,000.00) representing agreed damages calculated as of the date of this Consent Judgment, 5 and judgment shall be entered against CANOS in that amount. ULTIMATE STAFFING shall 6 further be entitled to recover from CANOS an amount equal to Twenty Five Thousand Dollars 7 ($25,000.00) for each instance where ULTIMATE STAFFING can prove such breach of 8 Paragraph(s) 4, 5, or 6 of this Consent Judgment. 9 liquidated damages (and not a penalty) pursuant to this Stipulated Judgment. 10 12. Such recovery shall constitute stipulated Notwithstanding the stipulated liquidated damages set forth in Paragraph 10 of this 11 Consent Judgment, nothing in this Consent Judgment shall prevent ULTIMATE STAFFING from 12 obtaining preliminary and/or permanent injunctive relief if a court of competent jurisdiction 13 determines that the standards applicable to the granting of an injunction have been met. 14 13. Other than the affirmations contained herein, nothing in this Consent Judgment 15 constitutes an admission of the truth or falsity of any claims that may have been made or an 16 acknowledgment or admission of any fault or liability by any party to any other party. 17 14. All parties shall bear its / his own costs and fees. 18 19 /// 20 21 22 /// 23 24 25 /// 26 27 28 LITTLE R MEND ELSO N, P .C . ATTORNEYS AT LAW 3960 H oward Hugh es Parkway Suite 3 00 Las Veg as, NV 89169-5937 702.8 62.8800 /// 4. 1 15. This Stipulated Judgment shall continue to be in full force and effect following the 2 resolution and closure of the above-captioned action, and the Court retains jurisdiction over the 3 parties to enforce same for a period of one (1) year from the date of entry of this Consent Judgment 4 and Permanent Injunction. 5 6 7 8 9 10 Dated: September 8, 2017. Respectfully submitted, /s/ Marc R. Bawden, Esq. MARC R. BAWDEN, ESQ. Attorney for Defendant PATRICK CANOS Respectfully submitted, /s/ Kathryn B. Blakey, Esq. WENDY MEDURA KRINCEK, ESQ. KATHRYN B. BLAKEY, ESQ. LITTLER MENDELSON Attorneys for Plaintiff 11 IT IS SO ORDERED 12 13 Dated this ______ day of ___________, 2017. 14 15 _________________________________ UNITED STATES DISTRICT JUDGE 16 17 Firmwide:149946934.1 061413.1034 18 19 20 21 22 23 24 25 26 27 28 LITTLE R MEND ELSO N, P .C . ATTORNEYS AT LAW 3960 H oward Hugh es Parkway Suite 3 00 Las Veg as, NV 89169-5937 702.8 62.8800 5. Exhibit Index Exhibit A – Employment Agreement Exhibit B – Ultimate Staffing List of Clients Customer Interline Brands Cind R Lite Pavestone PDM Steel Service Centers, Inc Precision Opinion WorldPac Las Vegas Moen Incorporated Quest Drape Liquidity Services GigaCrete Southwest Toyotalift Nitrex Inc. Kareo Nevada Restaurant Services Inc Blue Marble Development Pacific Supply AWS Allsite Structure Rentals A & D Scenery Inc Lakeview Cheese Company David Saxe Productions Christie Lites Las Vegas, LLC Mayesh Wholesales Florist Swisstrax Arcata Associates Worthington Armstrong Venture/ W.A.V.E. Credit Managers Assoc Coker Equipment McNeilus Truck Canyon State Oil Co. A Div. of SC Fuels Jensen Precast Columbia River Logistics Alsco Richard Harris Law Firm Flooring Solutions of Nevada Hydra Gear Inc Anc, American Nutritional Corp. Deco West, Inc. Batteries In A Flash Qvs Artesian Spas May Manufacturing Llc Atlanta Classic Events IHR Research Armourcoat Surface Finishes Inc Flavor Consultants Barrel Co Kichler Home Center Digitek Hynes Industries Monster Cable Products LC Indsutries Spreetail Williams Sonoma Inc J W Marriott 1800PackRat Derse Exhibits Priority Plastics Inc Standard Textile XPO Logistics Westcare Inc Lift All Source 4 Autonomy Technology Inc Spacecraft Components Pierce Distribution Marshall Retail Group SGPS Tidewater Finance Company HD Supply ColeKepro Industries LLC Cannery Casino Hotel ISG Lighting Competitive Component Inc Nevada Ballet College of Southern Nevada Erickson International Parker Plastics Cramaro Tarp Systems Anderson Dairy Angles On Design, Inc Legacy Chain Supply Plus Studios Magic Brite Janitorial American Eagle Star SGA Production Reliable Steel Inc Nevada Recycling Aluma Systems Temco Logistics Custom Building Products Pacific Paper Tube International Market Centers Calply Aircare Indoor Air Quality Specialists RW Garcia Saint Gobain Mac's Delivery Services Inc. Smith Center for Performing Arts Technibilt Ike Gaming Ace World Wide Moving And Storage Astrosystems Holdrite Albert Uster Imports Advantage Warehousing & Logistics The Taylor Group Walker Furniture Warehouse Mechanical Products Nevada Inc. Sigma Supply of North America, Inc. Legacy Spanco Cranes Tri Dim Filter Corporation Beav Ex Traction Sun State Components, Inc ABC Supply Co, Inc. Pageantry Communities Wayland S.W. All American Convention Services Chelten House Products Performance Steel Nikkiso Cryo Inc American Tire Distributors The Flexaust Co Texas Station Basic Food Flavors Piloch Distribution General Growth Properties Meadows Pabco Gypsum Majestic Flooring Dolphin Machine Inc Gaming Partners International Raymond Handling Solutions Lied Discovery Children's Museum Quality Investigations, Inc American Roll Form Priority Wire & Cable, Inc. Nailor Industries Salvation Army Clean Harbors Environmental Western Elite Pto Sales Rosen Materials Safety Kleen Kaman Industrial Technologies Hp Enterprises, Inc VT Construction Arcadia Nevada North Las Vegas United Capital Management Steamatic Advance Polybag Nevada Horizon Specialty Hospital World Pack Durango Construction Inc WIS International Superlite Block Sandbag Store Shadow Creek Golf Club Screens of Mass Construction West Coast Wellness Forward Air Tortillas Incorporated R & L Carriers Michael Foods Ashley Furniture Scholastic Book Fairs Synnex Corporation Academy of Nevada Ballet Levi Strauss & Company IQ Navigator Whole Harvest West ITT Technical Institute Southwest Data Protection, INC Consolidated Distribution Ctr. Lightning Logistics Trepco West Prestige Travel & Cruises El Paso Los Angeles Limousine Express Los Prados Community Association, Inc Factory Motor Parts J. S. S. Co. Inc. Affordable Concepts, Inc Horizon Surveys Total Safety Incorporated Nellis Building Materials Gen Tech Axle Transmission Inc Exotics Racing Environmental StoneWorks Temple Sinai JR Metal Express P & R Paper Supply Co Direct Grading & Paving Cintas North Las Vegas AD/S Companies Right at Home Gbs Linens Ozzie Kraft Enterprises Apollo Concepts Fellowes, Inc LI Panda Windows & Doors Catholic Charities Preferred Laminations Las Vegas Clark County Urban League Fremont Street Experience Firestone Building Products The Car Doctor, Inc. Kichler Lighting Liquidity Services Inc Monster Cable Products/ Operations Alliance Plastics Caliber Collision Goldsmith & Guymon Donald W Reynolds Foundation Medical N Mobility Desert Sunrise Dental Southern Nevada Children First Boston Dental Group Animal Foundation International Desert Plastering Oak Harbor Freight Lines Nevada Career Institute Goodwill Of Southern Nevada, Inc (ERM) Goodwill of Southern Nevada The Premium Connection Inc Toll Brothers Wirtz Beverage Bakemark Ingredients, Inc Las Vegas Mark Janra Distribution JS Pest Control Cox Communications FCS Automotive International Konica Minolta Las Vegas Motor Speedway Generation Brands Empire Logistics Las Vegas Valley Water District American Metal Fabricators Dick Worthen Pabco Building Products Broder & Sachse Palm Mortuary, Inc. Exel Power Logistics Nevada Pic a Part Machining Specialist Westar Architectural Group City Wide Towing Arc International Johnson Brothers Of Nev Bulk Carrier Service Inc Southern Nevada Movers Wildhorse Distributing the Shade Tree All State Fastener Corp Southwest Linen Ainsworth Game Technology Standard Wholesale Supply Company Gaylord Security Reddy Ice LKQ Las Vegas Review Journal Rakeman Plumbing Eye Fi Farm Fresh Foods Inc Global Equipment Company Las Vegas Color GraphicsA Metl Span Phoenix Industries LLC Colleen & Tom Enterprises KMD Inc Cold Storage Solutions PACCAR Inc Vermeer Crescent Electric Supply Co Sunset Big Mountain Imaging ProCaps Labs Custom Wicker Furniture Desert Lumber Las Vegas Clark County Library Benson & Bingham Insurance Solutions Shea & Carlyon Mda Muscular Dystrophy Assoc Salem Sports Brantley Incorporated Inmar MC Supply Big D Floor Covering Supplies Sierra Ready Mix Twin State Equipment APAC Copart Kleen Rite Corporation Tire Mart Co Quality Towing Ryan's Express Transportation Services Caesars Entertainment corporate Brendyl Electric Pinnacle Architectual Millwork, Inc J S Auto World, Inc. Sanitors Services Meadow Gold Dairy Wirtz Beverage of Nevada Kamer Zucker & Abbott Aristocrat Technologies Birtcher Medicwest Ambulance Pulmonary Solutions IGT Swarts & Swarts CPA's Core Construction Shelby Automobiles Ewing Bros Inc Eagle Quest of Nevada Jaco Environmental Zirtual Peccole Nevada YMCA Multi Pure Corporation Global Equipment Company, Inc Associa Nevada South Berco America Bunzl California North Las Vegas Les Olson Co. Nevada Pneumatic The Hallgren Company of Nevada Valley Broadcasting Company

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