DariTech, Inc. v. Ward

Filing 23

Limited Judgment for Permanent Injunction. Signed on 06/23/2011 by Judge Anna J. Brown. (bb)

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Case 3: 11-cv-00570-BR Document 19 Filed 06/17/11 Page 1 of 4 Page 10#: 112 John M. Kreutzer, OSB #973069 jkreu tzer@smitllli·eed.com SMITH FREED & EBERHARD P.C. 111 SW Fifth Avenue, Suite 4300 Portland, Oregon 97204 Telephone: 503-227-2424 Facsimile: 503-227-2535 Of Attorneys for DariTech UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION DARITECH, INC., a Washington corporation, Plaintiff, Civil No.: 3:11-CV-00570 BR LIMITED JUDGMENT FOR PERMANENT INJUNCTION vs. ANDY WARD, an individual Defendant. Based on the stipulation of Plaint iffDariTech, Inc. and Defendant Andy Ward, IT IS HEREBY ADJUDGED that DariTech, Inc. ("DariTech") shall have a Limited Judgment for Permanent Injunction against Defendant Ward ("Ward") as follows: Until September 25,2012, Ward shall not, within the states of Oregon and Washington, directly or indirectly compete in any manner against DariTech, nor shall he assist any person or entity in competing against Daritech. Further, until September 25, 2012, Ward shall not, regardless of his location, solicit, sell, or contact, with a view toward selling any product or service sold by DariTech, any person, firm, corporation, customer, or other entity located in the states of Oregon, Washington or Montana from whom he solicited any order from or to whom he sold any product or services as an employee of DariTech, or with whom he Page 1 - LIMITED JUDGMENT FOR PERMANENT INJUNCTION SMITH FREED & EBERHARD, P.c. 111 S.W. Fifth Avenue, 43nl Floor Portland. Oregon 97204 Telephone (503) 227-2424 Facsimile (503) 227-2535 I034E1 Case 3: 11-cv-00570-BR Document 19 Filed 06/17/11 Page 2 of 4 Page 10#: 113 otherwise dealt with on behalf of the DariTech. Provided, however, that within the State of Montana this limitation is narrowed to prohibit Ward from soliciting or performing any work/services for any of the Hutterite Colonies listed on the attached Exhibit I (the "No Contact List"), related to manure-related products or services. The Montana restrictions do not apply to Ward's work for Standley & Company that relate to dairy-related products and services only, nor does it prohibit Standley & Company from soliciting customers on the No Contact List, provided that such solicitations do not include, relate to, or involve Ward or involve use of DariTech proprietary information or trade secrets provided by Ward. Should Ward receive an unsolicited contact regarding manure-related products or services from a person or entity within the No Contact List, Ward shall refer that person/entity to Kurt Standley and provide his contact information. Ward represents that he does not possess and shall be prohibited from using or disclosing the following DariTech confidential and proprietary documents and information: business plans; sales and marketing strategies; accounting, financial, cost and pricing information; product specifications; customer equipment specifications, requests for proposal and bids; personnel information; andlor trade secret information as defined by ORS 646.461. The U.S. District COUli of Oregon, Portland Division, shall retain jurisdiction over any action to enforce the terms ofthis Permanent Injunction IT IS SO ORDERED this 2J rl... day ofJune, 201 I. Honorable Ann Brown US District Court, Oregon IT IS SO STIPULATED: / s / John M. Kreutzer / s / Bruno Jagelski John M. Kreutzer, OSB # 973069 Smith Freed & Eberhard P.C. Of Atto1'lleys for PlaintiffDariTech Bruno Jagelski, OSB # 903049 Yturri Rose LLP Of Attorneys for Defendant Ward Page 2 - LIMITED JUDGMENT FOR PERMANENT INJUNCTION SMITH FREED & EBERHARD, P.c. 111 S.W. Fifth Avenue, 43 N FIoor Portland, Oregon 97204 Telephone (503) 227-2424 Facsimile (503) 227-2535 J034El Case 3: 11-cv-00570-BR Document 19 Filed 06/17/11 Page 3 of 4 Page ID#: 114 No CONTACT LIST The following Hutterite Colonies: Big Sky Martinsdale Big Stone Midway Birch Creek Milford Cam rose Miller Cascade Mountain View Deerfield New Miami Duncan Ranch New Rockport Eagle Creek Pleasant valley Elk Creek Pondera East End Rimrock Fairhaven Riverview Glacier RockpOli Glendale Sage Creek Golden Valley Seville Hartland Spring Creek Hidden Lake Springdale Hillcrest Springwater Hilldale Sunny Brook Hillside Surprise Creek Horizon Twin Hills Kings Ranch Zenith Kingsbury EXHIBITl PAGElOFl

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