Homes

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Homes
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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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----oo0oo----

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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.

20 ----oo0oo----

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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Dockets.Justia.com

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

28 ///



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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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