Oakiwear Outdoor LLC v. Timbee LLC et al

Filing 24

ORDER by Judge Benjamin H. Settle granting 23 Stipulated Motion and Order for Preliminary Injunction. Motion terminated as moot: 2 MOTION for Temporary Restraining Order; Motion for Expedited Discovery; and Order to Show Cause Regarding Preliminary Injunction filed by Oakiwear Outdoor LLC. (TG)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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OAKIWEAR OUTDOOR LLC, a
Washington limited liability company,

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Case No. 3:17-cv-05202-BHS
Plaintiff,

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STIPULATED MOTION AND
ORDER FOR PRELIMINARY
INJUNCTION

v.
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TIMBEE LLC, a Washington limited
liability company; BENJAMIN BREWER
and MAURA BREWER, husband and wife,
and the marital community comprised
thereof; and, JULIE ZIMMERMAN,
individually,

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Noting Date: March 22, 2017

Defendants.

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STIPULATION

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On Thursday, March 16, 2017, Plaintiff Oakiwear Outdoor LLC filed a Motion

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for Temporary Restraining Order; Motion for Expedited Discovery; and Order to Show

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Cause Regarding Preliminary Injunction (See Dkt. No. 2); Memorandum In Support Of

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Motion for Temporary Restraining Order and Order to Show Cause Regarding

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Preliminary Injunction (See Dkt. No. 3); and Declaration of David Dustin In Support Of

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Motion for Temporary Restraining Order and Order to Show Cause Regarding

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Preliminary Injunction (See Dkt. No. 4).

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 1
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

The parties hereby stipulated to the entry of a preliminary injunction under

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FRCP 65 as follows:
1. The Defendants and their employees, agents or representative, shall

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immediately:

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a. Retrieve and preserve all original or copies, including hard or

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electronic copies, of all confidential, proprietary and trade secret

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information belonging to the Plaintiff, including all originals, copies

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or electronic information or any communications, related to this

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Information, hereinafter referred to as “Oakiwear’s Confidential
Information”; 1

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b. Return all Oakiwear Confidential Information to the Plaintiff and,

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once returned, destroy all such Confidential Information still in the

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Defendants’ possession;
c. Not use, share, disseminate, disclose, or misappropriate, directly or

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indirectly Oakiwear’s Confidential Information; and

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d. Provide all customer lists, sales leads, or other information about the

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Plaintiff’s customers or potential customers within five (5) business

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days.
2. The Defendants shall not:

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a. solicit, contact, or communicate with any of Oakiwear’s existing or

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prospective customers, of whom either of Defendants had any

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contact with prior to the end of their employment with Oakiwear,

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including but not limited to the following:
i. Buttons and Bows;

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See the definition below.

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 2
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

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ii. CHS Northwest, Inc.;

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iii. Any customers or potential customers listed on any of

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Plaintiff’s customer lists or documents that may be in the

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Defendants’ current possession;

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iv. This restriction shall not include any customers who

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independently came into contact with Timbee through a

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website such as Amazon, Timbee, Zulily, Jane.com, or

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otherwise independently contacted Timbee.

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b. Use Oakiwear’s sales or marketing information for Timbee’s
marketing or sales.
c. Use the following manufacturer to manufacture its goods: Hangzhou
Fushi Import and Export Co., Ltd.
d. Use the following importer to import its goods: Radiant Global
Logistics.

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e. Use any of Oakiwear’s sales representative or sales groups, of whom

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either of Defendants had contact with prior to their end of

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employment with Oakiwear, to represent Timbee’s products.

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3. The Defendants must also, within five (5) days, provide the following
discovery to Plaintiff:
a. passwords Brewer and Zimmerman used to access Oakiwear’s
computer(s) or other electronic devices;

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b. username and password information to allow Oakiwear to access

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Oakiwear’s Google analytics account or otherwise cooperate with

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Oakiwear to be able to allow Oakiwear to have full and exclusive

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access to the Google Analytics account.

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 3
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

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LANDERHOLM, P.S.

The Law Office of Jesse D. Conway,
PLLC

/s/ Bradley W. Andersen
Bradley W. Andersen, WSBA #20640
Phillip J. Haberthur, WSBA #38038
Landerholm, P.S.
805 Broadway Street, Suite 1000
Vancouver, WA 98660
E-mail: [e-mail]
[e-mail]

Jesse D. Conway, WSBA #41677
The Law Office of Jesse D. Conway,
PLLC
1014 Franklin St Ste 106
Vancouver, WA 98660-3040
E-mail: [e-mail]

Counsel for Defendants Timbee LLC,
Counsel for Plaintiff Oakiwear Outdoor Benjamin Brewer, Maura Brewer, and
LLC
Julie Zimmerman

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 4
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

STIPULATED ORDER

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In addition to the above stipulated conditions for a preliminary injunction, IT IS

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HEREBY ORDERED that Defendants Benjamin Brewer, Maura Brewer, Julie

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Zimmerman, and Timbee LLC, a Washington limited liability company, and their

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successors, employees, independent contractors, agents and assigns and all entities or

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persons acting in concert with them (“Defendants”), including but not limited to its

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agents, independent contractors, officers and employees, are hereby restrained and

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enjoined from the following acts:

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1.

Using, disclosing, disseminating, or misappropriating Oakiwear Outdoor

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LLC’s Confidential Information, including but not limited to its trade secrets; sales

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information; profit percentages and markets; customer lists and contact information;

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customer invoices and pricing; margins; customer practices; customer product

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preferences and buying patterns; the products purchased by customers; the exact

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amount and type of business transactions with each customer; prospective customers

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and contact information; sales leads and sales pipeline; cost analysis; business and

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marketing plans, opportunities, ideas, and strategies; sales and market research,

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analysis, and data; e-mail and social-media distribution lists; templates for design of

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rain boots and other clothing apparel; templates for uploading products to e-commerce

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websites, including Amazon.com; potential discounted pricing and sales plans; current,

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historical, and projected volumes, costs, and other data; information concerning vendor

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and vendor terms.

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2.

The Court further orders and directs the Defendants to maintain the

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confidentiality of Oakiwear’s Confidential Information and to preserve all hard copy

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and electronic documents in the Defendants’ possession, custody, or control that contain

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Oakiwear’s Confidential Information.

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 5
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

3.

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The Court further orders the Defendants immediately:

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a. Retrieve and preserve all original or copies, including hard or

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electronic copies, of all confidential, proprietary and trade secret

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information belonging to the Plaintiff, including all originals,

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copies or electronic information or any communications, related

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to this Information, hereinafter referred to as “Oakiwear’s

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Confidential Information”; 2

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b. Return all Oakiwear Confidential Information to the Plaintiff and,

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once returned, destroy all such Confidential Information still in
the Defendants’ possession;

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c. Not use, share, disseminate, disclose, or misappropriate, directly

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or indirectly Oakiwear’s Confidential Information; and

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d. Provide all customer lists, sales leads, or other information about

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the Plaintiff’s customers or potential customers within five (5)

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business days.
4.

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The Defendants shall not:

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a. solicit, contact, or communicate with any of Oakiwear’s existing or

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prospective customers, of whom either of Defendants had any

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contact with prior to the end of their employment with Oakiwear,

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including but not limited to the following:

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i. Buttons and Bows;

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ii. CHS Northwest, Inc.;

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See the definition above.

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 6
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

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iii. Any customers or potential customers listed on any of

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Plaintiff’s customer lists or documents that may be in the

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Defendants’ current possession;

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iv. This restriction shall not include any customers who

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independently came into contact with Timbee through a

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website such as Amazon, Timbee, Zulily, Jane.com, or

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otherwise independently contacted Timbee.
b. Use Oakiwear’s sales or marketing information for Timbee’s

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marketing or sales.

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c. Use the following manufacturer to manufacture its goods: Hangzhou

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Fushi Import and Export Co., Ltd.

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d. Use the following importer to import its goods: Radiant Global

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Logistics.

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e. Use any of Oakiwear’s sales representative or sales groups, of whom

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either of Defendants had contact with prior to their end of

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employment with Oakiwear, to represent Timbee’s products.

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4.

The Defendants must also, within five (5) days, provide the following

discovery to Plaintiff:
a. passwords Brewer and Zimmerman used to access Oakiwear’s
computer(s) or other electronic devices;

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b. username and password information to allow Oakiwear to access

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Oakiwear’s Google analytics account or otherwise cooperate with

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Oakiwear to be able to allow Oakiwear to have full and exclusive

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access to the Google Analytics account.

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 7
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx

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The Court finds this preliminary injunction is being issued to prevent

injury, loss, or damage to Plaintiff.
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The Court orders that Plaintiff shall not be required to post a bond

pursuant to F.R.C.P. 65.

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ENTERED this 22nd day of March, 2017.

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A

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BENJAMIN H. SETTLE
United States District Judge

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STIPULATED MOTION AND [PROPOSED] ORDER FOR
PRELIMINARY INJUNCTION - 8
Case No. 3:17-cv-05202-BHS
OAKW01-000001- Stipulated Motion

805 Broadway Street, Suite 1000
PO Box 1086
Vancouver, WA 98666
T: 360-696-3312 • F: 360-696-2122

and Order for Preliminary Injunction.docx