Univar USA, Inc. v. Thanos

Filing 23

ORDER until resolution of this matter the preliminary injunction issued at close of hearing on 7/6/17 continues so as to restrain and enjoin defendant Taylor Thanos from: (1) using, disclosing, transferring, or permitting othe rs to use any confidential andproprietary information of Univar; and(2) either soliciting or accepting business from, or providing products or services to,any customer or prospective customer of Univar from a list that shall be agreed to by the parti es. IT IS FURTHER ORDERED that in accordance with Rule 65(b)(2), this Order shallbind the parties, the parties' officers, agents, servants, employees, and attorneys; and otherpersons who are in active concert or participation with any of the foregoing, including but notlimited to, Defendant's current employer.This Preliminary Injunction shall remain in effect until further order of the Court.by July 21, 2017.. Signed by District Judge Max O. Cogburn, Jr on 7/13/17. (ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00338-MOC-DSC
UNIVAR USA, INC.,

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Plaintiff,
Vs.

TAYLOR THANOS,
Defendant.

PRELIMINARY INJUNCTION

THIS MATTER is before the Court on plaintiff’s Motion for Temporary Restraining
Order (“TRO”) (#2), which after issuance of a TRO was converted into a Motion for Preliminary
Injunction. After conducting an adversarial and evidentiary hearing on the Motion for Preliminary
on July 6, 2017, and the Court having considered the evidence presented at the hearing, including
the testimony of plaintiff's representatives and experts and from the defendant, the exhibits
admitted into evidence, and the arguments presented by counsel for the respective parties, and the
Court having considered the parties' stipulation to the continuation of certain restrictions to be
imposed upon defendant, and the Court having determined at the conclusion of the hearing, for the
reasons stated on the record, that a preliminary injunction should be issued, and the Court having
issued a Preliminary Injunction from the bench, and the Court being otherwise fully advised in the
premises;
IT IS, THEREFORE, ORDERED that, until final resolution of this matter, the
preliminary injunction issued by the Court at the close of the hearing on July 6, 2017, continues
so as to restrain and enjoin Defendant Taylor Thanos from:
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(1)

using, disclosing, transferring, or permitting others to use any confidential and

proprietary information of Univar; and
(2)

either soliciting or accepting business from, or providing products or services to,

any customer or prospective customer of Univar from a list that shall be agreed to by the parties
by July 21, 2017. Recognizing that a customer list can itself be sensitive business information,
such list shall be subject to the Protective Order already in place and shall be reviewed and used
by Chemsolv, Inc. only to determine clients who defendant may and may not call on, not to further
or expand its own business. If the parties reach agreement as to the list, such list need not be filed
with this Court but maintained by the parties.
IT IS FURTHER ORDERED that in accordance with Rule 65(b)(2), this Order shall
bind the parties, the parties' officers, agents, servants, employees, and attorneys; and other
persons who are in active concert or participation with any of the foregoing, including but not
limited to, Defendant's current employer.
This Preliminary Injunction shall remain in effect until further order of the Court.

Signed: July 12, 2017

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