Homes & Loans, Inc. et al v. Wimberly et al Doc. 21
Case 2:05-cv-01117-MCE-PAN Document 21 Filed 06/09/2005 Page 1 of 4
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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12 HOMES & LOANS, INC., a
California corporation; and
13 LINDA PRICE, an individual,
NO. CIV. S 05-1117 MCE PAN
14 Plaintiffs,
15 v. TEMPORARY RESTRAINING ORDER
16 THOMAS ANTHONY WIMBERLY, an
individual; RON JONES dba
17 NORTHERN CALIFORNIA HOMES &
LOANS, an individual, and DOES
18 1 through 25, inclusive,
19 Defendants.
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21 On June 6, 2005, Plaintiffs Homes & Loans, Inc, a California
22 corporation, and Linda Price, an individual (hereinafter
23 “Plaintiffs”), filed a Complaint for Injunctive Relief and
24 Damages in this matter along with an Ex Parte Application for
25 Temporary Restraining Order and Order to Show Cause re:
26 Preliminary Injunction. Declarations from James P. Chandler and
27 Linda L. Price were submitted in support of that application. On
28 June 8, 2005, the Court denied Plaintiffs’ Application without
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Case 2:05-cv-01117-MCE-PAN Document 21 Filed 06/09/2005 Page 2 of 4
1 prejudice on grounds that the proffered materials failed to
2 comply with Local Rule 65-231(c) and further failed to
3 demonstrate that the notice required by Local Rule 65-231(a) was
4 provided to Defendants Thomas Anthony Wimberly and Ron Jones dba
5 Northern California Homes & Loans (“Defendants”). Plaintiffs
6 thereafter rectified those deficiencies which included providing
7 Defendants with the requisite notice later that same day, June 8,
8 2005. Consequently the Court heard Plaintiffs’ Application on
9 June 9, 2005. Donald M. Wanland Jr. appeared on behalf of
10 Plaintiffs; Defendants were represented by Robert P. Biegler.
11 Having considered the documents submitted, and after hearing
12 argument from counsel, the Court finds that Plaintiffs have
13 demonstrated a substantial threat of irreparable injury from the
14 various acts of unlawful competition alleged to have been
15 committed by Defendants. The Court further finds that legal
16 remedies may be inadequate to redress such injury, and that
17 Plaintiffs have demonstrated a likelihood of success on the
18 merits. Finally, the Court also determines that any potential
19 damage to Defendants is outweighed by the threatened injury to
20 Plaintiffs, and that the granting of temporary injunctive relief
21 at this juncture will not disserve the public interest.
22 Plaintiffs’ Application for Temporary Restraining Order is
23 therefore GRANTED. It is hereby ORDERED:
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25 A. A temporary restraining order shall be issued
26 immediately. Defendants, and those acting for them with
27 knowledge of this Order, are enjoined and restrained, directly or
28 indirectly, whether acting alone or in concert with others, as
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Case 2:05-cv-01117-MCE-PAN Document 21 Filed 06/09/2005 Page 3 of 4
1 follows:
2 1. Defendants shall not do business under the fictitious
3 business name of “Northern California Homes & Loans” or any
4 similar or derivative fictitious name;
5 2. Defendants shall not represent themselves as being
6 employed by, or otherwise representing, “Homes & Loans,”
7 “Northern California Homes & Loans,” or any similar or
8 derivative business name to any clients, potential clients,
9 or the general public;
10 3. Defendants shall not post any signs at their place or
11 places of business, or anywhere else, advertising the
12 fictitious business “Homes & Loans,” “Northern California
13 Homes & Loans,” or any similar or derivative business name;
14 4. Defendants shall not use any of Plaintiffs’ trade secret
15 information for any reason whatsoever;
16 5. Defendants shall not contact, directly or indirectly,
17 and potential clients or referrals identified through use of
18 Plaintiffs’ client list; and
19 6. Defendants shall not begin or complete any real estate
20 transactions in which they have previously represented
21 themselves as employees of “Homes & Loans,” “Northern
22 California Homes & Loans,” or any similar business name.
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24 B. This order shall remain in full force and effect pending
25 further order of this Court. A hearing on Plaintiffs’ request
26 for a preliminary injunction is scheduled for Friday, June 17,
27 2005 at 4:00 p.m. Any further papers in support of that request
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Case 2:05-cv-01117-MCE-PAN Document 21 Filed 06/09/2005 Page 4 of 4
1 shall be filed by Plaintiffs not later than Monday, June 13,
2 2005. Opposition, if any, is due June 15, 2005.
3 C. Plaintiffs shall post a bond in the amount of $5,000,
4 which must be posted not later than 4:00 p.m. on Friday, June 10,
5 2005. This Order shall take effect on Plaintiffs’ posting of
6 that bond.
7 IT IS SO ORDERED this 9th day of June, 2005 at 4:00 P.M.
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11 MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE
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