MAACO FRANCHISING, INC. v. AUGUSTIN et al

Filing 59

ORDER THAT PLFF'S MOTION FOR A PRELIMINARY INJUNCTION (DOC #18) IS GRANTED IN PART AND DENIED IN PART, ETC. ( SIGNED BY HONORABLE LOUIS H. POLLAK ON 4/20/10. ) 4/21/10 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

M A A C O FRANCHISING, INC., P la in tif f , v. P IE R R E PHILIPPE AUGUSTIN, et al., D e f e n d a n ts.

C iv il Action No. 09-4548

ORDER A p ril 20, 2010 A N D NOW, this 20th day of April, 2010, for the reasons set forth in the a c c o m p a n yin g memorandum, it is hereby ORDERED that the plaintiff's motion for a p re lim in a ry in injunction (docket no. 18) is GRANTED IN PART and DENIED IN P A R T . The request for a preliminary injunction enforcing the covenant not to compete is h e re b y GRANTED. The request for a preliminary injunction protecting against m isa p p ro p ria tio n of Maaco's trade secrets is DENIED. Defendants Pierre Philippe A u g u s tin , Virginie Augustin, and Phil's Auto Body, Inc, are hereby ordered, from the e n try of this order until June 30, 2010, not to: (1 ) Divert or attempt to divert any business or customer of the Maaco franchise to any c o m p e tito r, by direct or indirect inducement or otherwise, or to do or perform, directly or in d ire c tly, any other act injurious or prejudicial to the goodwill associated with the Pollak, J.

franchise; (2 ) Employ or seek to employ any person who is at this time employed by Maaco or any o th e r franchisee of Maaco, or otherwise directly or indirectly to induce such person to le a v e his or her employment thereat; (3 ) Own, maintain, engage in, be employed by, lease real estate to, finance, or have any in te re s t in any business specializing in whole or in part in providing automobile painting o r body repair services or products at the premises of the Augustins' former Maaco f ra n c h is e or within a ten-mile radius of the Augustins' former Maaco franchise.

BY THE COURT:

/s/ Louis H. Pollak P o lla k , J.