MERIDIANEMR, INC. v. INTUITIVE MEDICAL SOFTWARE, LLC

Filing 45

ORDER: Ordered that the Server at issue remain in the custody of the neutral thrid party expert who is charged with safeguarding the information unless the parties agree otherwise, etc. Signed by Judge William J. Martini on 8/18/11. (gh, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

MeridianEMR, INC.,

11-cv-3480 (WJM)

Plaintiff,
v.

ORDER

INTUITIVE MEDICAL SOFTWARE, LLC,
d/b/a UROCHART, and THE SHAPPLEY
CLINIC,
Defendants.

THIS MATTER having been opened by way of Plaintiff MeridianEMR, Inc.’s
application for an Order to Show Cause seeking temporary restraints and a preliminary
injunction; and an Order to Show Cause having been issued by the Court on June 17,
2011; and a hearing having been held on July 21, 2011; and the Court having reserved on
its decision with respect to the Order to Show Cause application pending the parties’
conference with Judge Falk; and the conferences with Judge Falk having occurred; and
the Court finding that most of Plaintiff’s requested injunctive relief is unnecessary at this
time as there is no threat of irreparable harm; and the Court further noting that some of
Plaintiff’s requested injunctive relief is simply to require Defendant Intuitive Medical
Software, LLC (“IMS”) to abide by the law, and therefore does not require a Court order;
and for the reasons stated on the record during the July 21, 2011 Hearing; and for good
cause appearing,

IT IS on this 18th day of August 2011, hereby,
ORDERED that the Server at issue shall remain in the custody of the neutral third
party expert charged with safeguarding the information on it, unless the parties agree
otherwise; and it is
FURTHER ORDERED that since Defendant IMS cannot access the Server at
issue while it is in the custody of the neutral third party, there is no tangible threat of
irreparable harm in this case, and therefore no restraints against Defendant IMS are
necessary at this time.

s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.

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