Avant-Garde Marketing Solutions, Inc. v. Serianni et al

Filing 52

MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 3/8/2011. By Deputy Clerk: Colleen Larsen. IT IS ORDERED that pursuant to FRCP 4(m), this action is dismissed as to defendant Podolak. FURTHER ORDERED that the 2 Mot ion for Preliminary Injunction is GRANTED as to defendant Serriani. Defendant Serriani is enjoined from 1) soliciting Avant-Garde Marketing Solutions, Inc.'s clients or prospective clients;2) requesting or inducing existing customers to curtail their businesswith Avant-Garde Marketing Solutions, Inc.; 3) disclosing, using, or disseminating Avant-Garde Marketing Solution, Inc.'s confidential information;4) duplicating, marketing, selling, or otherwise distributing any copyright work ow ned by Avant-Garde Marketing Solutions. FURTHER ORDERED that Defendant Serriani shall return all confidential, proprietary, and copyrighted material in his possession belonging to Avant-Garde Marketing Solutions, Inc. to Avant-Garde Marketing Soluti ons, Inc. within thirty-one (31) days after entry of this order. The Clerk shall mail and email copies of this order to defendantDerrick Serriani at: Derrick Serriani, 59 Damonte Ranch Parkway, B #133, Reno, Nevada 89521. [e-mail] (ack'd - Copy of Order mailed and emailed). (Copies have been distributed pursuant to the NEF - MLC)

-RAM Avant-Garde Marketing Solutions, Inc. v. Serianni et al

Doc. 52

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA AVANT-GARDE MARKETING SOLUTIONS, INC., a Nevada corporation, Plaintiff, vs. DERRICK SERIANNI, an individual, CAROL PODOLAK, an individual, CLEARCHOICE MERCHANT SERVICES, LLC, a Nevada limited liability company, Defendants. PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 3:10-CV-00462-ECR-RAM MINUTES OF THE COURT DATE: March 8, 2011

U. S. DISTRICT JUDGE NONE APPEARING

Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS

NONE APPEARING NONE APPEARING

Defendant Derrick Serianni failed to file a response to Plaintiff's Motion for Preliminary Injunction (#2), filed on July 22, 2010, within the time permitted by our Order (#46) of November 22, 2010. In our Order (#50), filed on February 8, 2011, the Court granted Defendant Serriani additional time in which to file a response, and warned Defendant Serriani that a failure to do so would result in the Motion (#2) being granted. Defendant Serriani has failed to file a response in the additional time granted. The Motion (#2) was originally directed against all Defendants. Defendant Carol Podolak, however, has not been served. Plaintiff had until February 19, 2011, to effectuate service of process on Defendant Podolak in accordance with the Order (#47), filed on November 22, 2010. Plaintiff has failed to serve Defendant Carol Podolak within the allotted time period. Defendant Clearchoice Merchant Services, LLC was dismissed by stipulation (#35) on September 28, 2010.

Dockets.Justia.com

IT IS HEREBY ORDERED that pursuant to Federal Rule of Civil Procedure 4(m), this action is dismissed as to Defendant Podolak. The Motion for Preliminary Injunction (#2) appears to be facially well taken. IT IS, THEREFORE, FURTHER ORDERED that the Motion for Preliminary Injunction (#2) is GRANTED as to Defendant Serriani. Defendant Serriani is enjoined from: 1) soliciting Avant-Garde Marketing Solutions, Inc.'s clients or prospective clients; 2) requesting or inducing existing customers to curtail their business with Avant-Garde Marketing Solutions, Inc.; 3) disclosing, using, or disseminating Avant-Garde Marketing Solution, Inc.'s confidential information; 4) duplicating, marketing, selling, or otherwise distributing any copyright work owned by Avant-Garde Marketing Solutions. IT IS FURTHER ORDERED that Defendant Serriani shall return all confidential, proprietary, and copyrighted material in his possession belonging to Avant-Garde Marketing Solutions, Inc. to Avant-Garde Marketing Solutions, Inc. within thirty-one (31) days after entry of this order. The Clerk shall mail and email copies of this order to Defendant Derrick Serriani at: Derrick Serriani 59 Damonte Ranch Parkway, B #133 Reno, Nevada 89521 [e-mail] LANCE S. WILSON, CLERK By /s/ Deputy Clerk

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