Summary
finding that the plaintiff adequately showed that it had protected its confidential information by having confidentiality policies and protecting that information with passwords
Summary of this case from Measured Wealth Private Client Grp. v. FosterOpinion
Case No: 8:08-CV-1151-T-30EAJ.
October 15, 2008
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Elizabeth Jenkins (Dkt. #87).
After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, as well as a review of the objections filed by the parties and responses thereto, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1. The Report and Recommendation ( Dkt. #87) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2. Plaintiff's Motion for Preliminary Injunction (incorrectly denominated as a Motion for Temporary Restraining Order) ( Dkt. #12) is GRANTED in part and DENIED in part as follows:
A. Plaintiff's Motion is GRANTED and a preliminary injunction (pending further order of final disposition of this case) is ISSUED and:
(1) Defendants are prohibited from using, printing, copying, distributing, disclosing or examining confidential and proprietary information belonging to Plaintiff, including Plaintiff's customer lists, schedule of labor rates, customer information, employee lists, employee information sales techniques and pricing systems and structures;
(2) Defendants shall return all Plaintiff information and property to Plaintiff;
(3) Defendants shall refrain from destroying (or causing to be destroyed) any and all information and documents which are relevant to Plaintiff's claims, including computers;
(4) Defendants shall not engage in automated field metal overlay work for Plaintiff's Florida customers (as defined in the Report and Recommendation (Dkt. #87)).
B. All other relief requested in Plaintiff's Motion for Preliminary Injunction (incorrectly denominated as a Motion for Temporary Restraining Order) ( Dkt. #12) is DENIED.
C. The preliminary injunction is conditioned upon Plaintiff posting a bond in the amount of $100,000.00.
3. This matter is REFERRED to Magistrate Judge Elizabeth Jenkins for a Report and Recommendation to the District Judge concerning the list of customers that Defendant THERMAL ENGINEERING CONSTRUCTION SERVICES, INC. a/k/a TEI Construction Services, Inc. is prohibited from soliciting and whether Defendant BABCOCK POWER SERVICES, INC. returned or destroyed the due diligence materials it received during acquisition discussions.
4. The evidentiary hearing scheduled for Tuesday, October 21, 2008, at 9:30 a.m. before Judge James S. Moody, Jr. is CANCELLED.
5. A determination as to whether an evidentiary hearing is necessary will be made by Magistrate Judge Elizabeth Jenkins.
6. Defendants' Motion for Clarification of June 13, 2008 Ex Parte Temporary Restraining Order ( Dkt. #77) is DENIED as moot.
DONE and ORDERED in Tampa, Florida.