Opinion
Case No. 2:04CV00515 TC.
June 8, 2004
Mark O. Morris, David P. Williams, Snell Wilmer L.L.P., Salt Lake City, Utah, Attorneys for Plaintiff Air Container Transport Inc.
Conrad H. Johansen, Esq., Olsen Skoubye Nielson, LLC, Attorneys for Defendants Bill Jespersen, and Texvans, Inc.
TEMPORARY RESTRAINING ORDER
Plaintiff's Motion for a Temporary Restraining Order was heard by the court at 10:00 a.m., on Monday, June 7, 2004. All defendants received notice of the hearing. Conrad H. Johansen appeared on behalf of Texvans, Inc. and Bill Jespersen. Mark O. Morris and David P. Williams appeared on behalf of Plaintiff. Defendants Randy Ballard and Troy Henne did not appear. Having reviewed the verified complaint, other evidence in the form of declarations and proffers, arguments of the parties, supporting materials submitted by the parties, and having obtained agreement of the parties in attendance, Plaintiff's motion is hereby granted on the following terms and conditions:
Until the hearing on Plaintiff's Motion for Preliminary Injunction, the Court orders that Defendants and each of them are hereby enjoined and restrained from:
1. spreading false rumors regarding Air Container Transport, Inc. or its affiliated companies ("ACT");
2. disparaging ACT's reputation;
3. misusing and profiting from ACT's confidential information and trade secrets;
4. initiating contact to solicit the business of the ACT customers set forth on the attached Exhibit A, for shipping freight between Salt Lake City, Utah and Boise, Idaho;
Defendants and each of them are further ordered to:
5. return to ACT all ACT confidential information in their possession;
6. as soon as reasonably possible notify ACT if any of ACT's customers listed on Exhibit A hereto initiate contact for the purpose of obtaining Texvans, Inc.'s services for delivery of freight between Salt Lake City, Utah and Boise, Idaho. Such notification shall be made by sending a facsimile to Kory Rowe, ACT's Salt Lake City Terminal Manager, at (801) 975-0436, describing the date and time of the contact, and the customer's identity; and
7. produce within 48 hours of the court's order a list of all persons informed by Defendants of their intentions to perform direct freight shipping services between Boise, Idaho and Salt Lake City, Utah, rather than through ACT.
In addition, Defendant Texvans, Inc. is further ordered to:
8. instruct its employees, including but not limited to, Shelley Lester, to not disclose or use in Texvans Inc.'s business ACT's confidential information and trade secrets.
Additionally, the Court orders that for the duration of this order:
9. ACT shall not spread false rumors regarding Defendants, nor disparage Defendants' reputation;
10. ACT shall promptly pay outstanding invoices currently due Texvans, Inc.; and
11. In preparation for the preliminary injunction hearing, the Parties shall cooperate in exchanging relevant information, and each side shall be allowed two depositions with no single deposition exceeding 1/2 day. At least two days prior to the preliminary injunction hearing, the parties shall file with the court and serve on each other, concurrently, all further briefing, declarations, and affidavits to be considered by the court.
The hearing to convert this Order into a Preliminary Injunction shall be heard at 9:30 a.m. on Friday, June 25, 2004.