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Blackhawk Network, Inc. v. Giftango LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Mar 4, 2013
Case No. 4:13-cv-00874-SI (N.D. Cal. Mar. 4, 2013)

Opinion

Case No. 4:13-cv-00874-SI

03-04-2013

BLACKHAWK NETWORK, INC., an Arizona corporation, Plaintiff, v. GIFTANGO LLC, a Delaware limited liability company, and GIFTANGO CORPORATION, an Oregon corporation, Defendants.

John P. Makin, State Bar No. 88853 Greenan, Peffer, Sallander & Lally LLP David P.R. Symes, OSB No. 96135 (Pro Hac Vice Admission Pending) James M. Barrett, OSB No. 011991 (Pro Hac Vice Admission Pending) Ogletree, Deakins, Nash, Smoak & Stewart, P.C. The KOIN Center Attorneys for Plaintiff BLACKHAWK NETWORK, INC.


John P. Makin, State Bar No. 88853
Greenan, Peffer, Sallander & Lally LLP
David P.R. Symes, OSB No. 96135

(Pro Hac Vice Admission Pending)
James M. Barrett, OSB No. 011991

(Pro Hac Vice Admission Pending) Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
The KOIN Center
Attorneys for Plaintiff
BLACKHAWK NETWORK, INC.

CORRECTED

[PROPOSED] TEMPORARY

RESTRAINING ORDER AND ORDER TO

SHOW CAUSE


Date: March 8, 2013


Assigned to Hon. Susan Illson


Action filed: February 26, 2013

[PROPOSED] TEMPORARY RESTRAINING ORDER

Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure and Local Rule 65-1, Plaintiff's application for a temporary restraining order and an order to show cause why a preliminary injunction should not issue came before this Court for consideration on March 8, 2013. Upon consideration of the application, and for good cause shown:

IT IS HEREBY ORDERED as follows:

The Court finds that Plaintiff has demonstrated a substantial likelihood of success on the merits of its claims that Defendants are in breach and/or threatened breach of the Mutual Nondisclosure Agreement ("MNDA"), attached hereto as Appendix A. The Court further finds that Plaintiff has demonstrated that, without an order from this Court, it will suffer irreparable harm. Accordingly, the Court finds that a temporary restraining order and order to show cause why a preliminary injunction should not issue is in the public interest.

The Court orders the following relief:

1. Defendants and their affiliates and members are enjoined from disclosing plaintiffs Confidential Information, as that term is defined in paragraph 2 of the attached MNDA, to any person not authorized to receive that Confidential Information, including but not limited to Giftango, LLC's parent corporation, InComm Holdings, Inc.;

2. Defendants and their affiliates ate enjoined from continuing t6 possess1 plaintiff's Confidential Information that that received under the MNDA and ant ordered to immediately return to plaintiff and/or destroy that Confidential Information and to provide written certification to plaintiff of ouch return and/or destruction;

3. No security is required in this matter; and

4. This Order and all supporting pleadings and papers shall be served upon Defendants by March 4, 2013.

ORDER TO SHOW CAUSE

Defendants and each of them are hereby ordered to appear before the Court at 9:00 o'clock AM / PM on March 8, 2013, to show cause why this order should not be extended until the conclusion of this litigation. Courtroom #10, 19th Fl., 450 Golden Gate Ave., San Francisco, CA 94102.

By: ______________________

United States District Judge

Opposition to TRO due: 3/6/13 at noon.

Reply to TRO due: 3/7/13 at noon.


Summaries of

Blackhawk Network, Inc. v. Giftango LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Mar 4, 2013
Case No. 4:13-cv-00874-SI (N.D. Cal. Mar. 4, 2013)
Case details for

Blackhawk Network, Inc. v. Giftango LLC

Case Details

Full title:BLACKHAWK NETWORK, INC., an Arizona corporation, Plaintiff, v. GIFTANGO…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Mar 4, 2013

Citations

Case No. 4:13-cv-00874-SI (N.D. Cal. Mar. 4, 2013)