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Bartech Systems International, Inc. v. Mobile Simple Solutions, Inc.

United States District Court, D. Nevada

April 6, 2017

BARTECH SYSTEMS INTERNATIONAL, INC., a Delaware corporation, Plaintiff/Counter-defendant,
v.
MOBILE SIMPLE SOLUTIONS, INC., a Delaware corporation, MOBILE SIMPLE SOLUTIONS (IAS), INC., a Canadian corporation, VINCENT TESSIER, an individual, CHRISTELLE PIGEAT, an individual, Defendants/Counterclaimants.

          Michael R. Kealy, Nevada Bar No. 971 Ashley C. Nikkei, Nevada Bar No. 12838 PARSONS BEHLE & LATIMER -and- Gregory T. Lawrence, Esq. (Admitted Pro Hac Vice) Kyle S. Kushner, Esq. (Admitted Pro Hac Vice) Conti Fenn & Lawrence LLC Attorneys for Plaintiff/Counter-Defendant BARTECH SYSTEMS INTERNATIONAL, INC.

          [PROPOSED] ORDER

         UPON CONSIDERATION of the pleadings, Plaintiff and Counter-Defendant Bartech Systems International's ("Bartech") Second Motion for Contempt (ECF No. 117, sealed unredacted ECF No. 121) and the errata thereto (ECF No. 132), the Response filed by Defendants and Counterclaimants Mobile Simple Solutions, Inc., Mobile Simple Solutions (IAS), Inc., Vincent Tessier, and Christelle Pigeat ("Defendants") (ECF No. 128), the Reply filed by Bartech (ECF No. 135), and for the reasons stated on the record during the March 23, 2017 hearing and the minutes (ECF No. 254) and transcript of that hearing, it is hereby ORDERED that Defendants shall:

         (1) Immediately cease selling, leasing, renting, or offering for sale, lease, rent or subscription any version of the ABreez software that contains any version of the PMS application without leave of Court. Leave of Court shall not be granted except in the following circumstances: an independent expert in the fields of computer science and computer forensics, at Defendants' expense, shall file a status report with the independent expert's certification that Defendants' software no longer contains Bartech's source code or other misappropriated trade secrets.

         (2) Provide notice via electronic and regular mail in the form of Exhibit A to this Order to all customers of ABreez not using the ABreez software as a "stand alone" solution that notifies such customers (identified in Exhibit B) that this Court's May 24, 2016 Order (ECF No. 96) prohibits Defendants from selling, leasing, renting, or offering for sale, lease, rent, or subscription any version of the ABreez software that contains any version of the PMS application, and that any further use of the ABreez software is prohibited without further Order of this Court.

         (3) File proofs of service to show that the notice in the form of Exhibit A was provided to the customers identified in Exhibit B.

         IT IS FURTHER ORDERED that:

         (1) If Defendants fail to file proofs of service of the notice in the form of Exhibit A to the customers identified in Exhibit B within five (5) days of the date of this Order, then Bartech may provide the notice.

         (2) Bartech is awarded reasonable attorneys' fees incurred in briefing and arguing the Second Motion for Contempt.

         IT IS SO ORDERED.

         EXHIBIT A

         NOTICE OF INJUNCTION PROHIBITING USE OF ABREEZ SOFTWARE

         You are hereby notified that the Holiday Inn Vilnius (the "Hotel") cannot use the ABreez software until further notice. Therefore, please take whatever steps are necessary to disable the ABreez software on the Hotel's network system, including uninstalling the ABreez software if necessary. This directive is the result of a court order issued by the United States District Court for the District of Nevada. The court found that the ABreez Property Management System Application was developed using trade secrets misappropriated from Bartech Systems International, Inc. Therefore, further use of the ABreez software is prohibited without further order of the court.

         The court ordered that this notice be sent to all customers using the ABreez software with the Property Management System Application installed.

         NOTICE OF INJUNCTION PROHIBITING USE OF ABREEZ SOFTWARE

         You are hereby notified that the Beekman Hotel (the "Hotel") cannot use the ABreez software until further notice. Therefore, please take whatever steps are necessary to disable the ABreez software on the Hotel's network system, including uninstalling the ABreez software if necessary. This directive is the result of a court order issued by the United States District Court for the District of Nevada. The court found that the ABreez Property Management System Application was developed using trade secrets misappropriated ...


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