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HP Tuners, LLC v. Cannata

United States District Court, D. Nevada

May 9, 2019

HP TUNERS, LLC, a Nevada limited liability company, Plaintiff,
v.
KENNETH CANNATA, Defendant.

          LEE HIGH, LTD. CECILIA LEE, ESQ. ELIZABETH HIGH, ESQ. MARKS & KLEIN ANDREW P. BLEIMAN, ESQ. Attorneys for Plaintiff HP Tuners, LLC

          KOLESAR & LEATHAM BART K. LARSEN, ESQ. Attorneys for Defendant Kenneth Cannata

          STIPULATION AND ORDER FOR ENTRY OF PRELIMINARY INJUNCTION

          HONORABLE LARRY R. HICKS, UNITED STATES DISTRICT JUDGE

         Plaintiff HP TUNERS, LLC (“HPT”), by and through its undersigned legal counsel, and Defendant KENNETH CANNATA (“Cannata”), by and through his undersigned legal counsel, hereby request that this Court enter an Order approving this Stipulation relating to HPT’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Consolidated Memorandum in Support [ECF No. 19] (the “Emergency Motion”).

         RECITALS

         WHEREAS, HPT filed its Emergency Motion on April 23, 2019 requesting that the Court enter a temporary restraining order and preliminary injunction enjoining Cannata from engaging in certain conduct relative to confidential and proprietary information belonging to HPT;

         WHEREAS, this Court entered its Order [ECF No. 25] (“TRO”) on April 24, 2019 in which it granted in part and denied in part, without prejudice, the relief requested by HPT through the Emergency Motion; and

         WHEREAS, Cannata generally denies the allegations asserted against him in HPT’s Emergency Motion but has reached an agreement with HPT to extend the TRO as a preliminary injunction upon the terms and conditions set forth herein.

         STIPULATION

         NOW THEREFORE, in consideration of the foregoing recitals, HPT and Cannata hereby stipulate and agree as follows:

         1) The TRO is hereby extended as a preliminary injunction to remain effective as against Cannata until such time as this Court may order that such preliminary injunction be modified or vacated.

         2) For so long as this preliminary injunction remains in effect, Cannata, his agents, and any persons acting in concert with him (including but not limited to Kevin Sykes-Bonnett), shall not and are hereby ENJOINED from the following activities:

a. Releasing any confidential or proprietary intellectual property belonging to HP Tuners to the public;
b. Releasing or selling any products or services that have been developed using HP Tuners’ proprietary code, including “the hardware device developed by [Cannata] in connection with the ...

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