Ardis Health, LLC et al v. Nankivell

Filing 6

MOTION for Preliminary Injunction. Document filed by Ardis Health, LLC, Curb Your Cravings, LLC, USA Herbals, LLC.(Hennessey, Christopher)

David Valicenti
Christopher Hennessey
COHEN KINNE VALICENTI & COOK LLP
28 North Street, 3rd Floor
Pittsfield, MA 01201
Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Case No: 11-cv-05013-NRB
ARDIS HEALTH, LLC, CURB YOUR CRAVINGS,
LLC, and USA HERBALS, LLC,
Plaintiffs,
-againstASHLEIGH NANKIVELL,
Defendant.
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NOTICE OF MOTION
PLEASE TAKE NOTICE that, upon the annexed Declaration of Jordan Finger, Exhibits,
and the Memorandum of Law, and all pleadings and proceedings heretofore had herein,
plaintiffs, ARDIS HEALTH, LLC, CURB YOUR CRAVINGS, LLC, and USA HERBALS,
LLC, will move this Court before the Honorable Naomi Reice Buchwald, United States District
Judge at the United States Courthouse, 500 Pearl Street, New York, New York 10007-1312,
pursuant to Fed. R. Civ. P. 65, that the Court issue a preliminary injunction, enjoining their
former employee from continuing to use their proprietary content and to immediately return all
of Plaintiffs’ property that Defendant has wrongfully taken, in the form of the Proposed Order
attached herewith, and for such other and further relief as the Court deems just and appropriate.

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Specifically, the Motion seeks an order requiring Plaintiffs’ former Video & Social
Media Producer, Defendant Ashleigh Nankivell, to immediately return all company equipment
that she wrongfully retained when she was terminated, as well as all passwords, login, hosting,
server and other information for various marketing venues that belong to Plaintiffs. In addition,
Plaintiffs seek to enjoin Defendant from using any proprietary content relating to Plaintiffs’
business, including all creative content used in the advertisement and promotion of Plaintiffs’
products and services. Finally, Plaintiffs seek an order enjoining Defendant from further use of
Plaintiffs’ trademarks and copyrighted works.

WHEREFORE, based upon the foregoing, Plaintiffs, Ardis Health, LLC, Curb Your
Cravings, LLC, and USA Herbals, LLC, respectfully request that the Court issue a Preliminary
Injunction in the form of the Proposed Order attached hereto.

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Dated: August 8, 2011

Respectfully submitted,
Ardis Health, LLC, USA Herbals, LLC and Curb
Your Cravings, LLC
By their attorneys,

_/s/ Christopher Hennessey_____________
David Valicenti
Christopher Hennessey
COHEN KINNE VALICENTI & COOK LLP
28 North Street, 3rd Floor
Pittsfield, MA 01201
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent electronically to the
registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies
will be sent to those indicated as non registered participants and the lawyer believed to be
counsel for the Defendant on August 8, 2011.
____/s/ Christopher M. Hennessey_______
Christopher Hennessey

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