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Oakiwear Outdoor LLC v. Timbee LLC

United States District Court, W.D. Washington, Tacoma

March 22, 2017

OAKIWEAR OUTDOOR LLC, a Washington limited liability company, Plaintiff,
v.
TIMBEE LLC, a Washington limited liability company; BENJAMIN BREWER and MAURA BREWER, husband and wife, and the marital community comprised thereof; and, JULIE ZIMMERMAN, individually, Defendants.

          LANDERHOLM, P.S., Bradley W. Andersen, Phillip J. Haberthur, Landerholm, P.S., Counsel for Plaintiff Oakiwear Outdoor LLC

          The Law Office of Jesse D. Conway, PLLC Jesse D. Conway, The Law Office of Jesse D. Conway, PLLC, Counsel for Defendants Timbee LLC, Benjamin Brewer, Maura Brewer, and Julie Zimmerman

          STIPULATED MOTION AND ORDER FOR PRELIMINARY INJUNCTION

          BENJAMIN H. SETTLE, United States District Judge

         STIPULATION

         On Thursday, March 16, 2017, Plaintiff Oakiwear Outdoor LLC filed a Motion for Temporary Restraining Order; Motion for Expedited Discovery; and Order to Show Cause Regarding Preliminary Injunction (See Dkt. No. 2); Memorandum In Support Of Motion for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction (See Dkt. No. 3); and Declaration of David Dustin In Support Of Motion for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction (See Dkt. No. 4).

         The parties hereby stipulated to the entry of a preliminary injunction under FRCP 65 as follows:

         1. The Defendants and their employees, agents or representative, shall immediately:

a. Retrieve and preserve all original or copies, including hard or electronic copies, of all confidential, proprietary and trade secret information belonging to the Plaintiff, including all originals, copies or electronic information or any communications, related to this Information, hereinafter referred to as “Oakiwear's Confidential Information”;[1]
b. Return all Oakiwear Confidential Information to the Plaintiff and, once returned, destroy all such Confidential Information still in the Defendants' possession;
c. Not use, share, disseminate, disclose, or misappropriate, directly or indirectly Oakiwear's Confidential Information; and
d. Provide all customer lists, sales leads, or other information about the Plaintiff's customers or potential customers within five (5) business days.

         2. The Defendants shall not:

a. solicit, contact, or communicate with any of Oakiwear's existing or prospective customers, of whom either of Defendants had any contact with prior to the end of their employment with Oakiwear, including but not limited to the following:
i. Buttons and Bows;
ii. CHS Northwest, ...

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