Dayton Superior Corporation et al v. Osborne

Filing 6

ORDER GRANTING 2 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Thomas M. Rose on 3/12/18. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
DAYTON
DAYTON SUPERIOR CORP.

: Case No.
:

Plaintiffs,

:
:
:

vs.

:

ORDER GRANTING MOTION
FOR TEMPORARY
RESTRAINING ORDER

:
JEFFREY OSBORNE

:

Defendant.

This matter is before the Court upon the Motion of Plaintiffs Dayton Superior
Corporation (“Dayton Superior”) and Michelle Erp (“Erp”) (collectively, “Plaintiffs”) for
Temporary Restraining Order against Defendant Jeffrey Osborne (“Osborne”). Based upon the
Verified Complaint and the Motion for Temporary Restraining Order, this Court finds that
Plaintiffs have established a likelihood of success on the merits of their claim; that they will
suffer an immediate threat of irreparable harm if Osborne is not enjoined; that the detriment to
Osborne of granting the injunction does not outweigh the potential harm to Plaintiffs if the
injunction is not issued; and that the public interest is served by the issuance of injunctive relief.
The Court, therefore grants a Temporary Restraining Order as follows:

A.

Enter a Temporary Restraining Order and/or Preliminary Injunction enjoining

and restraining Osborne, and all persons acting in concert with him, from directly or indirectly
contacting or attempting to contact Erp (or any member of Erp’s family);
B.

Enter a Temporary Restraining Order and/or Preliminary Injunction enjoining

and restraining Osborne, and all persons acting in concert with him, from using confidential,
proprietary and/or trade secret company information to tortiously interfere with Dayton
Superior’s business relationships;
C.

Require Osborne, and all persons acting in concert with him, to stay at least one

mile away from Erp (or any member of Erp’s family) and from any Dayton Superior facility;
D.

Grant Plaintiffs such other and further relief as the Court deems just and

equitable.

IT IS SO ORDERED.

s/Thomas M. Rose
_______________________________________
United States District Judge