CITIBANK, N.A. et al v. KYLE

Filing 15

MEMORANDUM ORDER THAT A TEMPORARY RESTRAINING ORDER IS ISSUED IMMEDIATELY. CITI MUST POST SECURITY IN THE AMOUNT OF $5,000.00, ETC. CITI'S MOTION FOR EXPEDITED DISCOVERY IS DENIED AS MOOT. SIGNED BY HONORABLE ROBERT F. KELLY ON 6/16/2015. 6/16/2015 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CITIBANK N.A., and
CITIGROUP GLOBAL MARKETS, INC.,
Plaintiffs,
v.
ROBERT V. KYLE, III,
Defendant.

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CIVIL ACTION

No. 15-3298

ORDER
AND NOW, this 16th day of June, 2015, upon consideration of Plaintiffs’
(“Citi”) Motion for a Temporary Restraining Order, A Preliminary Injunction and Expedited
Discovery, (Doc. No. 4), the Response in Opposition filed by Defendant, and the arguments
made during the June 15, 2015 hearing, it is hereby ORDERED that:
1.

A temporary restraining order is issued immediately. Citi must post security in

the amount of $5,000.00.
2.

Defendant and all those acting in concert with him, including but not limited to the

directors, officers, employees and agents of Morgan Stanley, are temporarily enjoined and
restrained, directly or indirectly, from:
(a) soliciting, contacting or communicating with any client whom
Defendant served while he was employed at Citi or whose name
became known to Defendant by virtue of his employment with
Citi, for the purpose of inviting, encouraging, persuading or
requesting any such client to do business with Defendant at
Morgan Stanley or seeking to have any such client discontinue
or diminish any business relationship with Citi;

(b) hiring, soliciting, inducing or encouraging any current Citi
employee to leave Citi or to apply for employment elsewhere,
including but not limited to Morgan Stanley, or assisting
Morgan Stanley in hiring or attempting to hire Citi employees;
and
(c) directly or indirectly using, disclosing or transmitting for
any purpose Citi’s books, records, documents and/or information
pertaining to Citi, Citi’s customers, and/or Citi’s employees.
3.

Defendant, and all those acting in concert with him, including but not

limited to the directors, officers, employees and agents of Morgan Stanley, are further ordered
to return to Citi or its counsel, Citi’s records, documents and/or information in whatever form
(whether original, copied, computerized, electronic or handwritten), pertaining to Citi, Citi’s
customers, and/or Citi’s employees, within 24 hours of notice to Defendant or his counsel of the
terms of this Order.
4.

This temporary restraining order is binding upon Defendant, his agents, servants,

employer, any entity with which he is employed or affiliated, and those in active concert or
participation with him who receive actual notice of this Order.
5.

This Order shall remain in full force and effect for a period of ten business days

pursuant to Fed. R. Civ. P. 65.
6.

The parties are directed to proceed with arbitration in accordance with Rule

13804 of the FINRA Code of Arbitration Procedure for Industry Disputes.
7.

This Order does not include any clients who Kyle previously serviced at Wells

Fargo or brought with him to Citi.
8.

Citi’s Motion for Expedited Discovery is DENIED AS MOOT.

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BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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