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The W.W. Williams Co., LLC v. Reza

United States District Court, D. Nevada

September 20, 2017

THE W.W. WILLIAMS COMPANY, LLC, a Delaware limited liability company, Plaintiff,
v.
JOSEPH REZA, an individual; and TOTAL CARE MAINTENANCE, LLC, a Nevada limited liability company; DOES 1 through 10 Defendants.

          CRAIG A. NEWBY LAURA R. JACOBSEN Attorneys for Plaintiff The W.W. Williams Company, LLC

          ORDER GRANTING PRELIMINARY INJUNCTION

         Presently before the Court is the matter of W.W. Williams Company, LLC v. Reza et al., Case No. 2:17-cv-01410-JCM-PAL.

         Plaintiff The W.W. Williams Company, LLC (“Plaintiff”) has filed a Motion for Preliminary Injunction pursuant to Federal Rule of Civil Procedure 65, the Nevada Uniform Trade Secrets Act (NRS 600.040), and the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836) on May 18, 2017. Plaintiff alleges that Defendants Joseph Reza (“Reza”) and Total Care Maintenance, LLC (“TCM” and collectively, with Reza, “Defendants”) are using Plaintiff's misappropriated trade secret and confidential information to solicit Plaintiff's customers. Plaintiff further alleges that Reza is Plaintiff's former employee and is using Plaintiff's trade secret and confidential information, soliciting Plaintiffs customers, and competing with Plaintiff in breach of Reza's Proprietary Information Protection Agreement (“Agreement”) with Plaintiff. Defendants deny all of Plaintiff s claims. Defendants filed an Opposition on June 5, 2017, and Plaintiff filed a Reply on June 8, 2017. The Court held a hearing on June 12, 2017 at 1:00 p.m. where Plaintiff and Defendants were both represented by counsel.

         Having considered the pleadings and papers on file herein, including the parties' supporting declarations, and the arguments of counsel at hearing, the Court finds and concludes as follows:

. Plaintiff is likely to succeed in showing that Defendants misappropriated and used Plaintiffs trade secret and confidential information to solicit Plaintiffs customers, and that Defendants have refused to cease their conduct;
. Plaintiff is likely to succeed in showing that Reza breached the Agreement in failing to return Plaintiff s confidential information and destroy any copies thereof, and by soliciting Plaintiffs customers, and has refused to cease his conduct;
. Plaintiff is likely to succeed in showing that Defendants intentionally interfered with Plaintiffs contractual relationships with its customers and employee;
. The use of Plaintiffs trade secret and confidential information will result in immediate and irreparable injury to Plaintiff in the form of loss of income, loss of goodwill, loss of property interest in the information, and damage to Plaintiffs relationships with its customers;
. Continuing actions in breach of the Agreement will result in immediate and irreparable injury to Plaintiff in the form of loss of income, loss of goodwill, loss of property interest in Plaintiffs confidential information, and damage to Plaintiffs relationships with its customers and employees;
. These injuries are difficult to quantify or reasonably ascertain and monetary damages at law are inadequate;
. The harm to Plaintiff in denying the requested preliminary injunction outweighs the potential harm to the legitimate interests of Defendants from granting such an order;
. The public interest is served in granting the requested preliminary injunction; and
. It appears to the Court that Defendants are using Plaintiff s confidential information and soliciting Plaintiffs customers and will continue to carry out such acts unless restrained by Order of the Court.

         Accordingly, IT IS HEREBY ORDERED that Plaintiff s Motion for Preliminary Injunction (ECF No. 9) be, and the same hereby ...


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