Allianz Life Insurance Company of North America v. Cain et al

Filing 15

TEMPORARY RESTRAINING ORDER: 3 MOTION for Temporary Restraining Order.( Motion Hearing set for preliminary injunction 5/14/2012 10:00 AM in Courtroom 2, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Robert J. Conrad Jr.). Signed by Chief Judge Robert J. Conrad, Jr on 05/02/2012. (blf)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-264-RJC-DSC
ALLIANZ LIFE INSURANCE
COMPANY OF NORTH AMERICA,
Plaintiff,
v.
JORDAN SCOTT CAIN and GOLD
DISTRIBUTORS, INC.,
Defendants.

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TEMPORARY RESTRAINING ORDER

THIS CAUSE is before the Court on Plaintiff’s Emergency Motion for Temporary
Restraining Order, Preliminary Injunction, and Expedited Discovery (the “Motion”), filed on
April 27, 2012, and served on the defendants’ purported counsel, Clifford Hunt, via email and
Federal Express on April 30, 2012. Plaintiff Allianz Life Insurance Company of North America
(“Allianz”) moves, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for entry of a
Temporary Restraining Order against Defendants Jordan Cain (“Cain”) and Gold Distributor’s
Inc. The Court held a hearing on May 2, 2012. The Court advised Clifford Hunt of the time and
place of this hearing 24 hours earlier. Upon review of the Motion and accompanying
declarations and other evidence, and being otherwise sufficiently advised, the Court finds that
the Motion should be granted. Based on the declarations and other evidence submitted by
Allianz, the Court finds:
1.

that Allianz has demonstrated a substantial likelihood of success on the merits of
its claim against Cain for breach of contract and against both Defendants for
tortious interference;

2.

that while affiliated with Allianz, Cain executed an agreement that contained

restrictions precluding him from using Allianz records and information or
soliciting Allianz’s clients for any outside purpose, and after termination of his
affiliation with Allianz, for any purpose whatsoever;
3.

that Allianz has presented substantial evidence that Cain has violated his
agreements with Allianz;

4.

that Allianz and its policyholders will suffer irreparable harm and loss if
Defendants are permitted to continue to solicit Allianz’s clients to surrender or
partially surrender their annuities to invest in gold, either directly or through
Cain’s network of other individuals because the loss of Allianz’s clients cannot
later be undone;

5.

that greater injury will be inflicted upon Allianz by the denial of temporary
injunctive relief than would be inflicted upon Defendants by the granting of such
relief;

6.

that issuance of this Order would not be adverse to the public interest;

7.

that notice was given to Clifford Hunt because he previously represented the
defendants in matters involving Allianz, but that Mr. Hunt has since declared that
he has not been retained in this matter; and

8.

A $500 bond is sufficient to pay the costs and damages sustained by any party
found to have been wrongfully enjoined or restrained.
Accordingly, it is hereby ORDERED that Plaintiff’s Emergency Motion for Temporary

Restraining Order is GRANTED, according to the terms set forth below:
a.

Defendants are temporarily enjoined and restrained, directly and
indirectly, from
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i.

ii.

using, disclosing, or transmitting for any purpose, Allianz
policyholder documents, Allianz policyholder information, or any
other documents, materials and/or confidential proprietary
information pertaining to Allianz, Allianz employees, and/or Allianz
customers. This injunction and restraint includes, but is not limited
to, originals or copies of Allianz insurance policies or annuities,
Allianz annual statements or other statements of policy value, Allianz
policyholder lists, Allianz policyholder names, addresses, telephone
numbers, birth dates, social security numbers, rates of return, or
financial investment information; and

iii.

b.

soliciting Allianz policyholders for the purpose of inducing any
Allianz policyholder to surrender their Allianz annuity, to invest in
gold or in any other product or commodity offered by Cain or Gold
Distributors, Inc., or for any other purpose;

accessing Allianz’s electronic computer systems or computerized
company or policyholder information, either directly or indirectly
through any person or device.

Defendants are further directed to immediately collect and preserve all
confidential and proprietary information described in paragraph (a) of this Order
in their possession, custody, or control, to be preserved until such time as this
Court determines whether to issue a preliminary injunction. Defendants are
enjoined and restrained from destroying any such information, and are instead
directed to contact and collect such information from all those acting in concert
with them, including but not limited to the directors, officers, employees, and
agents of Gold Distributors, Inc., Vincent “Vinnie” Caputo, John Apern, Jeff
Hines, First Financial Guarantee & Value, Tiffany “Doe,” whose surname is
unknown, Markus Conversino, Belinda Royer, and Jim Little.

c.

This temporary restraining order is binding upon Cain, Gold Distributors, Inc., as
well as other persons or entities in active concert or participation with them,
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including but not limited to those individuals and entities identified in paragraph
(b) above, who have received notice of this Order by personal service or
otherwise, and over whom this Court may exercise personal jurisdiction;
d.

this Order shall remain in full force and effect for a period of fourteen days
pursuant to Rule 65 of the Federal Rules of Civil Procedure;

e.

Defendants shall appear for a hearing regarding Plaintiff’s request for a
preliminary injunction at 10 a.m. on May 14, 2012. Said hearing will be before
United States District Judge Robert Conrad at the United States Courthouse, 401
West Trade Street, Courtroom 2, Charlotte, North Carolina 28202; if it has not
done so already, Plaintiff Allianz shall serve Defendants, individually and through
Attorney Pete Anderson who may be retained in this matter, with a copy of the
Summons, Complaint, Motion for Temporary Restraining Order, and this Order;
Defendants’ opposition to the motion for a preliminary injunction shall be served
no later than May 7, 2012; and Plaintiffs shall file any supplemental briefs on or
before May 9, 2012.

f.

Plaintiff shall post a bond of $500 in accordance with Federal Rule of Civil
Procedure 65(c).

SO ORDERED, this 2nd day of May 2012, at 10:37 a.m.
Signed: May 2, 2012

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