Roederer v. Treister et al

Filing 104

ORDER on Defendants' request for clarification of the Preliminary Injunction. Please access entire text by document number hyperlink. Signed on 03/11/2014 by Magistrate Judge Mark D. Clarke. (rsm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

MARIO ROEDERER, individually, and on
behalf of FLOWJO, LLC, an Oregon Limited
Liability Company,
Case No.: 1:13-cv-01021-CL
Plaintiffs,
v.

ADAM TREISTER, individually, and
TREE STAR, INC., an Oregon corporation,

ORDER

Defendants.
CLARKE, Magistrate Judge,
This matter comes before the Court on Defendants' request for clarification of the
Preliminary Injunction (#95), which was ordered on March 5, 2014. The Court held a status
conference on March 10, and the parties submitted written proposals and responses thereafter.
First, the parties dispute the language of the Preliminary Injunction at paragraph 2 of the
Order on page 16, which states that "Defendants are directed to post all software updates to
FlowJo's website, www.flowjo.com." The Court acknowledges that the domain name of the
website is registered to Tree Star Inc. The sentence is not to be construed as determining the

ownership of the website, but merely identifies the website as that which services FlowJo
software.
Second, the parties are ordered to confer and then, by Monday, March 17, submit a
proposed name or list of names to the Court for consideration in appointing a special master or
independent accountant. Include a brief summary of the qualifications of any person named.
Third, as stated in the Order, all revenues from sales ofFlowJo's products shall be
directed into FlowJo LLC's operating account. Tree Star, Inc. shall be paid out of this account to
cover operating expenses, up to 75% of the total revenue. If Tree Star's expenses exceed this
amount, it may follow the procedure laid out in the Order, making an expedited request if
necessary, or it may confer with Plaintiff and attempt to resolve the issue without Court
intervention. Once a special master has been appointed, the parties may wish to streamline the
process, and the Court will consider any joint proposal the parties can devise for making the
procedure more efficient.
The parties shall set up a separate, interest bearing, trust account in the name ofFlowJo,
LLC, and the revenue remaining after expenses shall be directed into this account. Both parties
shall have the ability to monitor the account, but neither shall have the authority to make a
withdrawal without a Court order until the litigation has resolved.

United States Magistrate Judge

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