GE-Hitachi Nuclear Energy Americas, LLC v. Dandy

Filing 20

TEMPORARY RESTRAINING ORDER. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 3/15/2013. (Edwards, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civil Action No.7: 13-cv-00038-F
GE-HIT ACHI NUCLEAR ENERGY
AMERICAS, LLC,
Plaintiff, ·
vs.

TEMPORARY RESTRAINING ORDER

LeRA Y T. DANDY.
Defendant.
THIS MATTER is before the Court on the Consent Motion of the parties to resolve the
request of Plaintiff GE-Hitachi Nuclear Energy Americas, LLC ("Plaintiff' or "GE Hitachi") for
a Temporary Restraining Order ("Order") pursuant to the provisions of Rule 65(b) ofthe Federal
Rules of Civil Procedure. The Court has been apprised, through the Consent Motion, that the
parties have agreed to the terms of this Order for the preservation of the status quo pending a
hearing on Plaintiffs motion for preliminary injunction or except as further ordered by the
Court. The Court has also been made aware, through the Consent Motion, that Defendant LeRay
T. Dandy ("Dandy") denies any wrongdoing and further denies that Plaintiff has sustained or
will sustain any unlawful harm whatsoever and consents to this Order solely to memorialize and
make legally binding his assurances previously given to Plaintiff regarding the preservation of
GE-Hitachi's proprietary documents and information and other evidence during the pendency of
the litigation.
IT IS THEREFORE ORDERED that Defendant Dandy, his agents, servants, employees
and attorneys, and all other persons who are in active concert or participation with them, shall be
and are hereby immediately enjoined from directly or indirectly disseminating, disclosing,

,

sharing, transferring, or using any of the confidential, proprietary or business sensitive
information, documents or data of GE-Hitachi to which Dandy had access while at GE-Hitachi
or which Dandy saved, uploaded, downloaded, copied or otherwise obtained from GE-Hitachi,
including, but not limited to, all GE-Hitachi information, documents or data stored on Dandy's
personal laptop computer. The prohibitions contained in this Order shall not in any way apply to
disclosures or conversations between Dandy or his attorneys and the United States Government.
This prohibition shall apply without regard to the form of such information, documents, or data
(hard copy, electronic, etc .) or the medium on which it was transferred or stored; and
IT IS FURTHER ORDERED that Defendant Dandy and all other persons who are in
active concert or participation with him, with the exception of his attorneys and his attorneys '
agents, shall refrain from possessing any confidential , proprietary and business sensitive
information , documents or data of GE-Hitachi to which Dandy had access while at GE-Hitachi
or which Dandy saved, uploaded, downloaded, copied or otherwise obtained from GE-Hitachi,
including, but not limited to all GE-Hitachi information, documents or data stored on Dandy's
personal laptop computer.

This prohibition shall appl y without regard to the form of such

information, documents, or data (hard copy, electronic, etc.) or the medium on which it was
transferred or stored.
IT IS FURTHER ORDERED that Defendant Dandy' s personal laptop computer and any
forensic images made of those contents shall remain in the exclusive custody and control of
National Digital Forensics and National Digital Forensics will not further access or alter Dandy' s
personal laptop computer until further order of the Court.

In addition, Dandy, his agents,

servants, employees and attorneys and all other persons other than National Digital Forensics
who are in active concert or participation with them shall refrain from possessing, accessing, or

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altering Dandy's personal laptop computer or the contents thereof, and any forensic images made
of those contents, until further order of the Court.
IT IS FURTHER ORDERED that GE-Hitachi's representatives be allowed to confirm
directly with National Digital Forensics regarding the current status of Dandy's personal laptop
computer and any forensic images of its contents, subject to the right of Dandy's counsel to
participate in any such communication.

GE-Hitachi's communication with National Digital

Forensics shall be limited to the current status of the personal laptop computer and any forensic
images of its contents. In the alternative, National Digital Forensics shall provide a sworn
affidavit to the Court regarding the current status of the personal laptop computer and any
forensic images of its contents.
As a condition to this Order, Plaintiff shall file with the Court a security bond in the sum
of $200.00 for payment of such costs and damages which may be incurred or suffered by
Defendant in the event Defendant is finally found to have been wrongfully enjoined or
restrained.
This Order shall remain in place until the earlier of the following : (I) any further order of
the Court or (2) the hearing on Plaintiffs motion for preliminary injunction. This Order is
entered without prejudice to the parties' rights to conduct discovery in accordance with the
Federal Rules of Civil Procedure.
Any violation of this Order shall constitute a contempt of court.
SO ORDERED .

Jl'
This the _ /[___ day of March, 2013 .

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MES c. FOX
Senior United States District Court Judge

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