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Professional Building Systems, Inc. v. Stringer

December 5, 2007

PROFESSIONAL BUILDING SYSTEMS, INC. AND CUSTOM BUILDING SYSTEMS LLC, PLAINTIFFS
v.
DOUGLAS W. STRINGER, DEFENDANT



The opinion of the court was delivered by: James F. McClure, Jr. United States District Judge

(Judge McClure)

TEMPORARY RESTRAINING ORDER AND NOW, this 5th day of December , 2007, upon consideration of the Verified Complaint, Verified Motion for Ex Parte Order, supporting Affidavit, and the brief submitted by Plaintiffs in support of their request, and having determined that:

1. Plaintiffs will suffer immediate and irreparable harm and loss if Defendant is permitted to:

(a) utilize or reveal any confidential business records of Plaintiffs that Defendant obtained through his employment with Plaintiff Custom Building Systems LLC;

(b) utilize or reveal the business records of Plaintiffs which have been converted by Defendant for his own use;

(c) alter, destroy, or tamper with Plaintiffs' business records; and,

(d) conceal from Plaintiffs the electronic records of Plaintiffs taken by Defendant;

2. Plaintiffs have no adequate remedy at law.

3. Plaintiffs are likely to prevail on the merits of their claims;

4. Emergency injunctive relief is necessary and appropriate to preserve the status quo pending a hearing to consider Plaintiffs' request for preliminary injunctive relief;

5. Defendant will not suffer substantial harm from the grant of the requested relief and any harm which would be so suffered is strongly outweighed by the harm which would be suffered by Plaintiffs absent the grant of the requested relief;

6. The public interest would not be harmed by the grant of the requested relief;

7. The relief requested is reasonably suited to ensure the protection of the parties; and,

8. Emergency relief without notice to Defendant, and pending a hearing to consider Plaintiffs' Motion for Preliminary Injunction, is appropriate and necessary to ...


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