Universal Protection Services v. Thornburg et al

Filing 43

TEMPORARY RESTRAINING ORDER. Order Adopting 32 Findings and Recommendations, and granting in part and denying in part 4 MOTION for Temporary Restraining Order. (Ordered by Judge Sidney A Fitzwater on 6/3/2016) (Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
UNIVERSAL PROTECTION SERVICE,
LP,
Plaintiff,
VS.
MARK THORNBURG, et al.,
Defendants.

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§ Civil Action No. 2:16-CV-0097-J
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TEMPORARY RESTRAINING ORDER
I
Having conducted de novo review of the magistrate judge’s May 28, 2016 order and
recommendation to issue temporary restraining order and the June 2, 2016 objections of defendants
Mike Weatherl (“Weatherl”) and AgTac Services, LLC (“AgTac”) and of plaintiff Universal
Protection Service, LP (“UPS”), the court finds and concludes that UPS’s motion for a temporary
restraining order (“TRO”) should granted in part and denied in part and that this TRO should be
entered.
II
It is therefore ordered that defendants Mark Thornburg (“Thornburg”), Weatherl, and AgTac,
their officers, agents, servants, employees, and attorneys, and all persons in active concert or
participation with them who receive actual notice of this TRO by personal service or otherwise, are
restrained pending further order of this court as follows:
1.

from disclosing to third parties, or using, (a) pricing, cost, margin, or markup
information, (b) customer lists, customer preferences, or customer security designs
in document form or in the form of electronic media, and (c) sales, pitch, bid, rebid,

marketing, and other related sales and marketing materials in document form or in
the form of electronic media, if Thornburg obtained the foregoing in the course of
his employment with UPS or the related entity known as ABM Onsite Services, Inc.
(“ABM”);
2.

from soliciting or attempting to solicit, on behalf of any person or entity, business
from any UPS customers or clients whose identity, goals, needs, preferences,
employees, or plans Thornburg became aware of, or familiar with, directly or
indirectly, as a result of providing services to UPS or the related entity known as
ABM; and

3.

from soliciting or attempting to solicit, on behalf of any person or entity, any current
UPS employee with whom Thornburg had contact or developed a professional
relationship during that person’s employment with UPS or the related entity known
as ABM.
III

This TRO does not take effect until UPS posts with the clerk of court a bond in the amount
of $50,000, in a form, and with a surety, approved by the clerk of court, or posts the cash sum of
$50,000 with the clerk of court.

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IV
Once this TRO takes effect, it remains in effect unless and until the court orders otherwise.
SO ORDERED.
June 3, 2016.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE

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