Keypoint Government Solutions Inc v. Pierron

Filing 21

AGREED PERMANENT INJUNCTION - Signed by Judge Thomas M. Rose on 2-20-2018. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
KEYPOINT GOVERNMENT
SOLUTIONS, INC.

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Plaintiff,
v.
DANIEL J. PIERRON
Defendant.

Case No. 3:17-cv-00108
Judge Thomas M. Rose

AGREED PERMANENT INJUNCTION
The Court previously entered an Agreed Temporary Restraining Order (Doc. #8)
and an Agreed Preliminary Injunction (Doc. #9) on Plaintiff KeyPoint Government
Solutions, Inc.’s (“KeyPoint” and “Plaintiff”) Motion for a Temporary Restraining Order
and Preliminary Injunction against Defendant Daniel Pierron (“Pierron” and “Defendant”).
Pursuant to the agreement of the Parties, the Court hereby converts the Agreed Preliminary
Injunction to an Agreed Permanent Injunction as follows:
IT IS ORDERED that Pierron:
1. Shall not retain, use, or disclose to any third party any material (including
all documents and data) relating to KeyPoint and its clients, including
KeyPoint’s or its clients’ confidential material and trade secrets;
2. Affirms that he has retuned all materials in his possession and control
relating to Keypoint and its clients. To the extent that Pierron later
discovers material relating to Keypoint and its clients in his possession or
control, he shall: (a) immediately notify Keypoint’s counsel of record in
this matter; (b) not use or disclose the material to any third party; and (c)
preserve and protect the material until the Keypoint and Pierron can agree
to a protocol for returning or destroying the material; and
3. Shall cooperate reasonably with Keypoint and its attorneys or
representatives in connection with any dispute, lawsuit, arbitration, or any
internal or external investigation involving KeyPoint (a “Proceeding”) with
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respect to which KeyPoint or its attorneys reasonably believe Pierron may
possess relevant information. Upon reasonable notice and at reasonable
times, and for reasonable periods that do not, to the extent practicable,
unduly interfere with Pierron’s employment, Pierron shall make himself
available for interviews, witness preparation sessions, and appearances in
connection with any Proceeding (including, but not limited to, appearances
at depositions, hearings and trials). Nothing in this Order shall limit,
restrict, preclude, require or influence Pierron’s testimony in any
Proceeding or cause Pierron not to provide truthful testimony or
information in any Proceeding or in response to any inquiry by a
government official or representative.
IT IS FURTHER ORDERED that, subject to approval by the applicable and
appropriate federal agencies, Pierron’s laptop hard drive and all other data and devices,
including thumb drives, that contained information relating to Keypoint and its clients shall
be wiped and all contents shall be deleted. Before the devices are wiped, Pierron may
recover any personal photographs, music files, and personal documents from the hard
drive, provided that the computer forensic expert used in this matter first review and
confirm that no KeyPoint or government data is embedded or hidden in said photographs,
music files, or documents. The fees of the computer forensic expert to perform such work
(related to photograph search) shall be borne by Pierron. After the devices are wiped and
all contents are deleted, they shall be returned to Pierron.
This Order shall be promptly filed in the Clerk’s office and entered in the record. It
shall continue in full force and effect until otherwise modified by the Court.
IT IS SO ORDERED.

February 20, 2018

*/Thomas M. Rose
Thomas M. Rose, U.S. District Judge

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