CUNA Mutual Insurance Society v. Spencer

Filing 32

ORDER granting 4 Motion for Temporary TRO; Set Oral Argument on 4 MOTION for Temporary Restraining Order PRELIMINARY INJUNCTION : Motion Hearing set for 8/23/2011 at 11:00 AM in B Courtroom before Judge Ronald B. Leighton. Signed by Judge Ronald B. Leighton.(DN)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION 9 10 11 CUNA MUTUAL INSURANCE SOCIETY, Case No: 11-5568 12 13 14 Plaintiff, TEMPORARY RESTRAINING ORDER vs. SOPHIA SPENCER, an individual 15 16 17 Defendant. This Matter coming to be heard on Plaintiff’s Motion for Temporary Restraining Order, Preliminary Injunction, and Other Relief against Defendant Sophia Spencer, brought pursuant to 18 Federal Rule of Civil Procedure 65; due notice having been given to Defendant and the parties 19 20 21 22 having appeared before the Court through counsel; and the Court having considered all written submissions of the parties and otherwise having been fully advised in the premises; 1. On July 25, 2011, Plaintiff filed its Complaint for Injunctive and Other Relief; its 23 Motion for Temporary Restraining Order, Preliminary Injunction, and Other Relief; and its 24 memorandum in support of said motion. 25 26 27 [PROPOSED] TEMPORARY RESTRAINING ORDER PAGE - 1 HINSHAW & CULBERTSON LLP 1000 SW Broadway Suite 1250 Portland, OR 97205-3000 Telephone: 503-243-3243 Facsimile: 503-243-3240 1 2. The Court finds that Plaintiff has demonstrated a likelihood of success on the 2 merits of its claims, including the enforceability of the post-employment covenants contained in 3 the Employment Agreement between the parties. 4 3. The Court finds that Plaintiff has demonstrated a likelihood of irreparable harm in 5 6 7 8 9 10 11 the absence of the entry of this temporary restraining order, including damages to its good will and reputation. 4. The Court finds that a balancing of the equities weighs in favor of entry of this temporary restraining order. 5. The Court finds that the public interest does not weigh against the entry of this temporary restraining order. 12 IT IS HEREBY ORDERED THAT: 13 14 A. Defendant and all persons and entities in active concert or participation with her 15 are prohibited from marketing to, selling to, or soliciting for the purpose of selling to or 16 marketing to any person who purchased a product or service or established a brokerage account 17 through Red Canoe Financial Group (formerly known as “MEMBERS Financial Services,” and 18 before that, “PLAN AMERICA”) (hereinafter, collectively “RCFG”) and any person with whom 19 Spencer had contact within the thirty days preceding termination of the Employment Contract, 20 for the purpose of discussing financial or insurance products or services offered through RCFG; 21 22 B. Defendant and all persons and entities in active concert or participation with her 23 are prohibited from using or disclosing, and shall within three days of the date of this temporary 24 restraining order, return to Plaintiff, all originals and copies, hard copy, electronic or otherwise, 25 of any documents or information from RCFG that relates to any client of RCFG, including any 26 documents consisting of or containing (as applicable) client lists, fact finder forms, client contact 27 28 2 [PROPOSED] TEMPORARY RESTRAINING ORDER 1 information, social security numbers, account information, insurance information, and/or 2 financial or investment information. 3 4 C. Within three days of the date of this temporary restraining order, Defendant shall provide written disclosure to Plaintiff each person who was a client of RCFG at the time of 5 6 Defendant’s resignation, with whom Defendant has communicated since her resignation, orally, 7 in writing, electronically, or otherwise, for the purpose of discussing any insurance or financial 8 product. 9 10 11 D. This Matter is hereby set for a preliminary injunction hearing on August 23, 2011, at 11:00 a.m. E. The parties may serve written discovery, and the responding party shall serve 12 its/her responses upon the propounding party by fax or email within five days of service of the 13 14 15 16 17 18 requests. Each party shall submit to one deposition prior to the preliminary injunction hearing, if requested by the other party. F. The relief described in this temporary restraining order shall become effective upon Plaintiff posting an injunction bond in the amount of $75,000. Dated this 12th day of August, 2011. 19 20 A 21 22 RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE 23 24 Presented by 25 26 27 s/ David J. Elkanich David J. Elkanich, WSBA 35956 Of Attorneys for Plaintiff 28 3 [PROPOSED] TEMPORARY RESTRAINING ORDER

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