temporary restraining order
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
WASTE CONNECTIONS US, INC., AND PROGRESSIVE WASTE SOLUTIONS OF LA, INC., Plaintiffs,
Civil Action No. 2017-cv-291331
vs. RUBICON GLOBAL, LLC, AND JONATHAN M. DEWITT Defendants.
TEMPORARY RESTRAINING ORDER Plaintiffs Waste Connections US, Inc. ("Waste Connections")
and Progressive
Waste
Solutions of LA, Inc. ("PWS") (collectively, "Plaintiffs"), having moved the Court, pursuant to O.C.G.A.
§ 9-11-65, for entry of a Temporary Restraining Order; and
The COUli having considered said Motion, the Brief in Support thereof, and all other pleadings and materials on file; and The Court baving further determined that there is a reasonable likelihood that Plaintiffs will prevail 011 the merits and that the possible harm to Plaintiffs in denying the requested Temporary Restraining Order outweighs the threatened harm that such Temporary Restraining Order may cause to Defendants Rubicon Global, LLC ("Rubicon")
and Jonathan M. Dewitt
("Mr. Dewitt"); The Court further having determined that such Temporary
Restraining
Order will
maintain the status quo until a full hearing can be held on Plaintiffs' request for injunctive relief and that Plaintiffs will suffer irreparable injury or loss without entry of such Temporary Restraining Order;
The Court hereby GRANTS Plaintiffs'
Motion for Temporary Restraining Order, and
ORDERS AND DIRECTS Defendants Dewitt, and his respective agents, employees, officers, servants, attorneys, and representatives as follows: 1.
Dewitt is restrained and enjoined, directly or indirectly, from using or disclosing
any Confidential Information or trade secrets of Plaintiffs,
including but not limited to sales
strategies and training materials, customer lists and identities, customer pricing and discounts, customer
quotes,
customer
service
requirements,
expiration
dates
of customer
agreements, contents of proposals to customers, customer prospects, Plaintiffs' profit margins, pricing and discount strategies,
service
internal costs,
and other highly confidential customer and
financial information; 2.
Dewitt is required to return any copies of Plaintiffs' trade secrets or confidential
information, including the general USB device connected to Dewitt's laptop on March 21, 2017, and the SanDisk
Cruzer connected to Dewitt's
laptop on January 17, 2017, that are in his
possession; 3.
Dewitt must immediately return all "hard copy" materials in his possession,
custody, or control that were acquired from Waste Connections or PWS or any of Plaintiffs' current or former customers, cun-ent or former employees, or any other agents or representatives of Plaintiffs, including all copies or summaries of such materials; 4.
The parties shall provide the Court with a forensic examination plan.
5.
Dewitt must immediately return to Plaintiffs all work that he created during his
employment with PWS, regardless of form; and The Court ORDERS AND DIRECTS Defendants Rubicon, and its respective agents, employees, officers, servants, attorneys, and representatives as follows:
-2-
1.
Rubicon
is
enjoined
and restrained
from
usmg
or disclosing
Plaintiffs'
Confidential Information or trade secrets which Rubicon may have received from Defendant Dewitt, including but not limited to, sales strategies and training materials, customer lists and identities,
customer pricing and discounts, customer quotes, customer service requirements,
expiration dates of customer service agreements, contents of proposals to customers, customer prospects, Plaintiffs'
internal costs, profit margins, pricing and discount strategies, and other
highly confidential customer and financial information. 2.
The parties shall provide the Court with a forensic examination plan.
This Temporary Restraining Order shall continue until a hearing can be had on an Interlocutory Injunction unless sooner modified or vacated by the Court.
The parties shall
provide a proposed schedule of discovery and briefing deadlines, and proposed date range for a hearing. Counsel for Plaintiffs is responsible for providing prompt notice of this Order to counsel for Defendants. SO ORDERED this,L
f1:fay
of June, 2017 at
3,)
J:ptv'
Judge, Fulton County Superior Court
ORDER PREPARED AND SUBMITTED BY:
Eric L. Barnum Georgia Bar No. 039305 Edward L. Friedman, pro hac vice (admission. pending) Texas State Bar No. 07462950 Federal ID No. 72833
-3 -
BAKER & HOSTETLER LLP
1170 Peachtree St. NE, Suite 2400 Atlanta, GA 30309 Telephone: (404) 459-5734 Fax: (404) 459-0050 Email: [email protected] Email: [email protected] Attorneys for Plaintiffs
- 4-
IN THE SUPERIOR COURT OF FULTON COUNTY ST ATE OF GEORGIA JUDGE ERIC DUNA WAY, PRESIDING
WASTE CONNECTIONS US, INC., AND PROGRESSIVE WASTE SOLUTIONS OF LA, INC. Plaintiffs, vs. RUBICON GLOBAL, LLC, AND JONATHAN M. DEWITT Defendants,
) ) ) ) ) ) ) ) )
CIVIL ACTION FILE NO. 2017CV291331
CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy ofthe within and foregoing
-;e''V\e.o (vr ~ L... ~ 1-,""'"'1°8
()rJ.vvia eFileGA, Email.andlorviaU.S.mail
to:
Eric L. Barnum, Esq. via eFileGA Edward L. Friedman, Esq. via eFileGA Kurt A. Powell, Esq. via eFileGA Robert T. Dumbacher, Esq. via eFileGA
Plaintiff to serve any other necessary parties' and file a certificate of service.
,(
This __
~
f_ day of_-'J=--.!.\._t"I(_._.
, 2017.
(11£
r
Alex Bernick, Staff Attorney
ERIC DUNAWAY Judge, Superior Court of Fulton County i If the order being issued is a Case Management Order, Plaintiff has the continuing burden to serve any and all lateentering parties with a copy of the Case Management Order.
WASTE CONNECTIONS US, INC., AND PROGRESSIVE WASTE SOLUTIONS OF LA, INC., Plaintiffs,
Civil Action No. 2017-cv-291331
vs. RUBICON GLOBAL, LLC, AND JONATHAN M. DEWITT Defendants.
TEMPORARY RESTRAINING ORDER Plaintiffs Waste Connections US, Inc. ("Waste Connections")
and Progressive
Waste
Solutions of LA, Inc. ("PWS") (collectively, "Plaintiffs"), having moved the Court, pursuant to O.C.G.A.
§ 9-11-65, for entry of a Temporary Restraining Order; and
The COUli having considered said Motion, the Brief in Support thereof, and all other pleadings and materials on file; and The Court baving further determined that there is a reasonable likelihood that Plaintiffs will prevail 011 the merits and that the possible harm to Plaintiffs in denying the requested Temporary Restraining Order outweighs the threatened harm that such Temporary Restraining Order may cause to Defendants Rubicon Global, LLC ("Rubicon")
and Jonathan M. Dewitt
("Mr. Dewitt"); The Court further having determined that such Temporary
Restraining
Order will
maintain the status quo until a full hearing can be held on Plaintiffs' request for injunctive relief and that Plaintiffs will suffer irreparable injury or loss without entry of such Temporary Restraining Order;
The Court hereby GRANTS Plaintiffs'
Motion for Temporary Restraining Order, and
ORDERS AND DIRECTS Defendants Dewitt, and his respective agents, employees, officers, servants, attorneys, and representatives as follows: 1.
Dewitt is restrained and enjoined, directly or indirectly, from using or disclosing
any Confidential Information or trade secrets of Plaintiffs,
including but not limited to sales
strategies and training materials, customer lists and identities, customer pricing and discounts, customer
quotes,
customer
service
requirements,
expiration
dates
of customer
agreements, contents of proposals to customers, customer prospects, Plaintiffs' profit margins, pricing and discount strategies,
service
internal costs,
and other highly confidential customer and
financial information; 2.
Dewitt is required to return any copies of Plaintiffs' trade secrets or confidential
information, including the general USB device connected to Dewitt's laptop on March 21, 2017, and the SanDisk
Cruzer connected to Dewitt's
laptop on January 17, 2017, that are in his
possession; 3.
Dewitt must immediately return all "hard copy" materials in his possession,
custody, or control that were acquired from Waste Connections or PWS or any of Plaintiffs' current or former customers, cun-ent or former employees, or any other agents or representatives of Plaintiffs, including all copies or summaries of such materials; 4.
The parties shall provide the Court with a forensic examination plan.
5.
Dewitt must immediately return to Plaintiffs all work that he created during his
employment with PWS, regardless of form; and The Court ORDERS AND DIRECTS Defendants Rubicon, and its respective agents, employees, officers, servants, attorneys, and representatives as follows:
-2-
1.
Rubicon
is
enjoined
and restrained
from
usmg
or disclosing
Plaintiffs'
Confidential Information or trade secrets which Rubicon may have received from Defendant Dewitt, including but not limited to, sales strategies and training materials, customer lists and identities,
customer pricing and discounts, customer quotes, customer service requirements,
expiration dates of customer service agreements, contents of proposals to customers, customer prospects, Plaintiffs'
internal costs, profit margins, pricing and discount strategies, and other
highly confidential customer and financial information. 2.
The parties shall provide the Court with a forensic examination plan.
This Temporary Restraining Order shall continue until a hearing can be had on an Interlocutory Injunction unless sooner modified or vacated by the Court.
The parties shall
provide a proposed schedule of discovery and briefing deadlines, and proposed date range for a hearing. Counsel for Plaintiffs is responsible for providing prompt notice of this Order to counsel for Defendants. SO ORDERED this,L
f1:fay
of June, 2017 at
3,)
J:ptv'
Judge, Fulton County Superior Court
ORDER PREPARED AND SUBMITTED BY:
Eric L. Barnum Georgia Bar No. 039305 Edward L. Friedman, pro hac vice (admission. pending) Texas State Bar No. 07462950 Federal ID No. 72833
-3 -
BAKER & HOSTETLER LLP
1170 Peachtree St. NE, Suite 2400 Atlanta, GA 30309 Telephone: (404) 459-5734 Fax: (404) 459-0050 Email: [email protected] Email: [email protected] Attorneys for Plaintiffs
- 4-
IN THE SUPERIOR COURT OF FULTON COUNTY ST ATE OF GEORGIA JUDGE ERIC DUNA WAY, PRESIDING
WASTE CONNECTIONS US, INC., AND PROGRESSIVE WASTE SOLUTIONS OF LA, INC. Plaintiffs, vs. RUBICON GLOBAL, LLC, AND JONATHAN M. DEWITT Defendants,
) ) ) ) ) ) ) ) )
CIVIL ACTION FILE NO. 2017CV291331
CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy ofthe within and foregoing
-;e''V\e.o (vr ~ L... ~ 1-,""'"'1°8
()rJ.vvia eFileGA, Email.andlorviaU.S.mail
to:
Eric L. Barnum, Esq. via eFileGA Edward L. Friedman, Esq. via eFileGA Kurt A. Powell, Esq. via eFileGA Robert T. Dumbacher, Esq. via eFileGA
Plaintiff to serve any other necessary parties' and file a certificate of service.
,(
This __
~
f_ day of_-'J=--.!.\._t"I(_._.
, 2017.
(11£
r
Alex Bernick, Staff Attorney
ERIC DUNAWAY Judge, Superior Court of Fulton County i If the order being issued is a Case Management Order, Plaintiff has the continuing burden to serve any and all lateentering parties with a copy of the Case Management Order.
