W.W. Williams Company, LLC v. Reza et al

Filing 22

TEMPORARY RESTRAINING ORDER. Motion Hearing re Plaintiff's 9 Motion for Preliminary Injunction is set for 6/12/2017 01:00 PM in LV Courtroom 6A before Judge James C. Mahan. Proof of service re Complaint and Summons due by 6/5/2017. R esponses to 9 Motion for Preliminary Injunction due by 6/5/2017. Replies due by 6/8/2017. Plaintiff shall deposit $1,000.00 with the clerk of the court as security for this temporary restraining order on or before 6/2/2017. This temporary restraining order shall expire 14 days after entry. Signed by Judge James C. Mahan on 5/30/2017. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

THE W.W. WILLIAMS COMPANY, LLC,

8

Plaintiff(s),

9
10
11

Case No. 2:17-CV-1410 JCM (PAL)
TEMPORARY RESTRAINING ORDER

v.
JOSEPH REZA, an individual; and TOTAL
CARE MAINTENANCE, LLC,
Defendant(s).

12
13

Presently before the court is the matter of W.W. Williams Company, LLC v. Reza et al.,

14
15

case number 2:17-cv-01410-JCM-PAL.
Plaintiff W.W. Williams Company, LLC (“plaintiff”) has filed a motion for temporary

16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

restraining order pursuant to Federal Rule of Civil Procedure 65, the Nevada Uniform Trade
Secrets Act (NRS 600.040), and the Defendant Trade Secret Act (18 U.S.C. § 1836). (ECF No.
2).
Plaintiff alleges that defendants Joseph Reza (“Reza”) and Total Care Maintenance, LLC
(“TCM” and collectively, with Reza, as “defendants”) are using plaintiff’s misappropriate trade
secret and confidential information to solicit plaintiff’s customers. Plaintiff further alleges that
Reza is plaintiff’s former employee and is using plaintiff’s trade secret and confidential
information, soliciting plaintiff’s customers, and competing with plaintiff in breach of Reza’s
proprietary information protection agreement (“agreement”) with plaintiff.
The court, having considered the complaint, memorandum of law, supporting declarations,
and accompanying exhibits, hereby finds and concludes as follows:

1



Plaintiff is likely to succeed in showing that defendants misappropriated and used

2

plaintiff’s trade secret and confidential information to solicit plaintiff’s customers,

3

and that defendants have refused to cease their conduct;

4



Plaintiff is likely to succeed in showing that Reza breached the agreement in

5

failing to return plaintiff’s confidential information and destroy any copies

6

thereof, and by soliciting plaintiff’s customers, and has refused to cease his

7

conduct;

8



The use of plaintiff’s trade secret and confidential information will result in
immediate and irreparable injury to plaintiff in the form of loss of income, loss of

9
10

goodwill, loss of property interest in the information, and damage to plaintiff’s

11

relationships with its customers;

12



Continuing actions in breach of the agreement will result in immediate and

13

irreparable injury to plaintiff in the form of loss of income, loss of goodwill, loss

14

of property interest in plaintiff’s confidential information, and damage to

15

plaintiff’s relationships with its customers and employees.

16



The harm to plaintiff in denying the requested temporary restraining order

17

outweighs the potential harm to the legitimate interests of defendants from

18

granting such an order; and

19



It appears that defendants are using plaintiff’s confidential information and

20

soliciting plaintiff’s customers and will continue to carry out such acts unless

21

restrained by order of the court.

22

Accordingly,

23

IT IS HEREBY ORDERED that plaintiff’s motion for a temporary restraining order (ECF

24
25
26
27
28
James C. Mahan
U.S. District Judge

No. 2) be, and the same hereby is, GRANTED consistent with the following.
IT IS FURTHER ORDERED that a preliminary injunction hearing is set for Monday,
June 12, 2017, at 1:00 p.m. in courtroom 6A.
IT IS FURTHER ORDERED that pending the preliminary injunction hearing, defendants
are temporarily restrained from the following:

-2-

1

(1) indirectly or directly soliciting plaintiff’s customers;

2

(2) indirectly or directly soliciting plaintiff’s employees;

3

(3) using or disclosing plaintiff’s trade secret or confidential information or any

4
5
6

reproduction or copy of the same in any format; and
(4) transferring, moving, returning, destroying, reproducing, copying, or otherwise
disposing of any of plaintiff’s information in their possession.

7

IT IS FURTHER ORDERED that plaintiff shall serve defendants with the summons, the

8

complaint, the motion for preliminary injunction and the supporting declarations thereto, and the

9

instant order on or before June 2, 2017. Proof of service shall be filed on or before June 5, 2017.

10

IT IS FURTHER ORDERED that responses, if any, to plaintiff’s motion for preliminary

11

injunction (ECF No. 9) shall be filed on or before June 5, 2017. Replies, if any, shall be filed on

12

or before June 8, 2017.

13
14
15
16
17

IT IS FURTHER ORDERED that plaintiff shall deposit $1,000.00 with the clerk of the
court, as security for this temporary restraining order, on or before June 2, 2017.
IT IS FURTHER ORDERED that this temporary restraining order shall expire fourteen
(14) days after entry.
SIGNED AND ENTERED: This 30th day of May, 2017, at 9:45 a.m.

18
19
20

__________________________________________
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-3-