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

Filing 54

ORDER. IT IS HEREBY ORDERED that 9 Plaintiff's Motion for Preliminary Injunction be, and the same hereby is, GRANTED. See Order for details. Signed by Judge James C. Mahan on 9/20/17. (Copies have been distributed pursuant to the NEF - MR)

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CRAIG A. NEWBY (NV #8591)
LAURA R. JACOBSEN (NV #13699)
McDONALD CARANO LLP
2300 W. Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
The W.W. Williams Company, LLC

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
*****
THE W.W. WILLIAMS COMPANY, LLC,
Case No.: 2:17-cv-01410
a Delaware limited liability company,
Plaintiff,

[PROPOSED] ORDER GRANTING
PRELIMINARY INJUNCTION

v.
JOSEPH REZA, an individual; and TOTAL
CARE MAINTENANCE, LLC, a Nevada
limited liability company; DOES 1 through
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Defendants.

/

Presently before the Court is the matter of W.W. Williams Company, LLC v. Reza et al.,
Case No. 2:17-cv-01410-JCM-PAL.
Plaintiff The W.W. Williams Company, LLC (“Plaintiff”) has filed a Motion for
Preliminary Injunction pursuant to Federal Rule of Civil Procedure 65, the Nevada Uniform Trade
Secrets Act (NRS 600.040), and the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836) on May
18, 2017. Plaintiff alleges that Defendants Joseph Reza (“Reza”) and Total Care Maintenance,
LLC (“TCM” and collectively, with Reza, “Defendants”) are using Plaintiff’s misappropriated
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

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information, soliciting Plaintiff’s customers, and competing with Plaintiff in breach of Reza’s

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Proprietary Information Protection Agreement (“Agreement”) with Plaintiff. Defendants deny all

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of Plaintiff’s claims. Defendants filed an Opposition on June 5, 2017, and Plaintiff filed a Reply

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on June 8, 2017. The Court held a hearing on June 12, 2017 at 1:00 p.m. where Plaintiff and

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Defendants were both represented by counsel.

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Having considered the pleadings and papers on file herein, including the parties’

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supporting declarations, and the arguments of counsel at hearing, the Court finds and concludes

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as follows:

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

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

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

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that Defendants have refused to cease their conduct;

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

Plaintiff is likely to succeed in showing that Reza breached the Agreement in failing to

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return Plaintiff’s confidential information and destroy any copies thereof, and by soliciting

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Plaintiff’s customers, and has refused to cease his conduct;

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

Plaintiff’s contractual relationships with its customers and employee;

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Plaintiff is likely to succeed in showing that Defendants intentionally interfered with

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The use of Plaintiff’s trade secret and confidential information will result in immediate

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and irreparable injury to Plaintiff in the form of loss of income, loss of goodwill, loss of

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property interest in the information, and damage to Plaintiff’s relationships with its

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customers;

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

Continuing actions in breach of the Agreement will result in immediate and irreparable

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injury to Plaintiff in the form of loss of income, loss of goodwill, loss of property interest

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in Plaintiff’s confidential information, and damage to Plaintiff’s relationships with its

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customers and employees;

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

law are inadequate;

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These injuries are difficult to quantify or reasonably ascertain and monetary damages at

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The harm to Plaintiff in denying the requested preliminary injunction outweighs the
potential harm to the legitimate interests of Defendants from granting such an order;
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4838-2993-5178, v. 1

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

The public interest is served in granting the requested preliminary injunction; and

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It appears to the Court that Defendants are using Plaintiff’s confidential information and

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

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by Order of the Court.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Preliminary Injunction (ECF No.

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9) be, and the same hereby is, GRANTED consistent with the following.

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IT IS FURTHER ORDERED that Defendants, their agents, servants, employees,

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confederates, attorneys, and any person acting in concert or participation with them, or having

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knowledge of this Order by personal service or otherwise, be, and hereby are, immediately and

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preliminarily enjoined from:

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

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

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(3) using or disclosing plaintiff’s property, confidential information, or any reproduction

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or copy of the same in any format;

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(4) transferring, moving, returning, destroying or otherwise disposing of any of plaintiff’s

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confidential information, property, or any reproduction or copy of the same in any format in their

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possession;

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IT IS FURTHER ORDERED that a bond in the amount of $1,000.00, which Plaintiff

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has already posted, is adequate security for the payment of such costs and damages as may be

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incurred or suffered by Defendants if they are found to be wrongfully enjoined; and

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4838-2993-5178, v. 1

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IT IS FURTHER ORDERED that the injunction imposed hereunder is effective
immediately and shall continue until further order of this Court.
DATED AND ENTERED: This
SIGNEDSeptember 20, 2017. ______ day of June, 2017 at ______ a.m. / p.m.

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UNITED STATES DISTRICT JUDGE

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Respectfully Submitted:

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McDONALD CARANO LLP

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By: /s/ Craig A. Newby
CRAIG A. NEWBY
LAURA R. JACOBSEN
2300 W. Sahara Avenue, #1200
Las Vegas, Nevada 89102
Attorneys for Plaintiff
The W.W. Williams Company, LLC

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4838-2993-5178, v. 1