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CBRE, Inc. v. Hughes Seattle, Inc.

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

August 4, 2017

CBRE, INC., a Delaware corporation; Plaintiff,
v.
HUGHES SEATTLE, INC. d/b/a HUGHES MARINO, INC., a Delaware corporation; OWEN RICE ENTERPRISES, INC., a Washington Corporation; OWEN RICE, an individual, and THE MARITAL COMMUNITY OF OWEN AND BONNIE RICE; and GAVIN CURTIS, an individual Defendants.

          TEMPORARY RESTRAINING ORDER

          Robert S. Lasnik, United States District Judge

         TERMS OF TRO

         1. Counsel for all parties shall cooperate to select a mutually agreeable neutral third-party expert (the “Forensic Neutral”) in the greater Seattle area. Defendants Owen Rice and Gavin Curtis (“Individual Defendants”) shall immediately deliver to the Forensic Neutral all work and personal flash drives, S.D. cards, cell phones, computers, tablets, and other external drives used by Individual Defendants since May 1, 2016, that are in Individual Defendants' possession, custody, or control.

         2. The Forensic Neutral shall be instructed to create a forensic image of all such devices, to return the devices to Individual Defendants, and to provide a written report of their contents (including deleted information), without identifying or disclosing any confidential, proprietary, trade secret, or personal information, and shall not allow either party to view the image(s) or documents or the content of documents on those images absent mutual written agreement of the parties or order of the Court or arbitrator.

         3. Payment for the costs to be incurred by the Forensic Neutral shall be determined by the Arbitrator in his or her discretion.

         4. Any and all discovery in this matter, and any related arbitration, shall be subject to the parties' Stipulated Protective Order, which the parties shall execute and present to the Court before conducting any discovery in this or any related matter. The Forensic Neutral and any arbitrator selected shall also execute and agree to be bound by the Stipulated Protective Order. The Stipulated Protective Order shall survive even after this Order has expired.

         5. Individual Defendants shall immediately provide to the Forensic Neutral the login and passwords to cloud-based accounts (e.g., DropBox) created during their employment with CBRE that may have used since May 1, 2016.

         6. Individual Defendants shall not access the OneDrive and Dropbox accounts again absent written agreement of the parties or order of the Court or arbitrator. The Forensic Neutral may access these accounts in a manner that preserves the original contents, and may take steps to capture forensic evidence of the accounts. The Forensic Neutral may temporarily change the account password so that it is no longer accessible to Individual Defendants until the arbitrator, the Court, or the parties have agreed otherwise.

         7. The Forensic Neutral shall provide counsel for all parties with a report on the contents of the cloud-based storage accounts. Such report shall be subject to the parties' Stipulated Protective Order, and shall indicate the type of item, title/description, file size, creation date, creation location, and last time accessed (other than by the Forensic Neutral). Such report may be shared with only CBRE, Individual Defendants, and Hughes Marino for the sole purpose of identifying CBRE information on the cloud-based storage accounts.

         8. Individual Defendants shall immediately provide to the Forensic Neutral the passwords to all email accounts that they have used at any time between May 1, 2017 through the present, including, without limitation gavincurtis1@gmail.com and orice4@gmail.com. Individual Defendants and Hughes Marino shall provide the Forensic Neutral access to Individual Defendants' Hughes Marino e-mail accounts, specifically owen@hughesmarino.com and gavin@hughesmarino.com. The Forensic Neutral may access these accounts in a manner that preserves the original contents, including without limitation all folders such as Inbox, Sent, Deleted, and Purged, and may take steps to capture forensic evidence of the accounts.

         9. The Forensic Neutral shall identify the information that is or appears to be CBRE confidential information stored on Individual Defendants' flash drives, S.D. cards, cell phones, computers, tablets, other external drives, and cloud based storage accounts used by the Individual Defendants since January 1, 2017, and then remove such information to a separate storage device for the parties or arbitrator to determine whether the information should be provided to CBRE, to Individual Defendants, or to Hughes Seattle, Inc.

         10. In accordance with the Civil Rules, the parties shall preserve all data and documents that relate in any way to CBRE's allegations in this matter, including without limitation any defenses raised or asserted by Individual Defendants or Hughes Marino.

         11. Individual Defendants must respond to the written discovery requests attached as Exhibit 17 to the Declaration of Darren A. Feider within 10 days of the date of this Order, but no documents shall be produced until the parties have executed the Stipulated Protective Order.

         12. Individual Defendants shall appear for deposition at the offices of CBRE's counsel within 14 days of the date of this order, unless otherwise agreed to by CBRE, to be deposed for not more than two hours each, limited to the topics of (i) the acquisition of CBRE Information by Defendants and what was done with it, (ii) the presence and use of any CBRE information or documents by Defendants, (iii) the actions by persons other than the Defendants involved in items (i) and (ii) above, and (iv) the enforceability of the non-solicitation provisions in the Individual Defendants' employment or independent contractor agreements. CBRE shall make a representative available for a similar deposition on the same topics on the following business day. These depositions shall not count toward ...


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