Opinion
No. 2:12-cv-01303-JCM-CWH
02-28-2013
LAWSON PRODUCTS, INC. Plaintiff, v. SAMUEL E. FRUSTACI, Defendant.
Kenneth J. Vanko Clingen Callow & McLean, LLC Attorney for Lawson Products, Inc. Michael R. Hall Hall, Jaffe & Clayton, LLP Attorney for Samuel E. Frustaci
Martin J. Kravitz, Esq.
Nevada Bar No. 83
Jordan P. Schnitzer, Esq.
Nevada Bar No. 10744
Kravitz, Schnitzer, Sloane
& Johnson, Chtd.
8985 S. Eastern Ave., Ste. 200
Us Vegas, NV 89123
Telephone: (702) 222-4145
Facsimile: (702) 362-2203
Email: jschnitzer@kssattorneys.com
and Kenneth J. Vanko (Admitted Pro Hac Vice)
Illinois Bar No. 6244048
Clingen Callow & McLean, LLC
2100 Manchester Road, Ste. 1750
Wheaton, IL 60187
Telephone: (630) 871-2600
Facsimile: (630) 871-9869
Email: vanko@ccmlawyer.com
Attorneys for Plaintiff, Lawson Products, Inc.
JOINT MOTION TO ENTER
AGREED PERMANENT
INJUNCTION ORDER
The Plaintiff, Lawson Products, Inc., and Defendant, Samuel E. Frustaci, have settled this litigation. The Confidential Settlement Agreement reached between the parties requires entry of an Agreed Permanent Injunction Order. Accordingly, the parties jointly request that the Court approve and enter the
Agreed Permanent Injunction Order, which is attached to this motion as Exhibit A. Respectfully submitted, By: ___________
Kenneth J. Vanko
Clingen Callow & McLean, LLC
Attorney for Lawson Products, Inc.
By: ___________
Michael R. Hall
Hall, Jaffe & Clayton, LLP
Attorney for Samuel E. Frustaci
Martin J. Kravitz, Esq.
Nevada Bar No. 83
Jordan P. Schnitzer, Esq.
Nevada Bar No. 10744
Kravitz, Schnitzer, Sloane
& Johnson, Chtd.
8985 S. Eastern Ave., Ste. 200
Las Vegas, NV 89123
Telephone: (702) 222-4145
Facsimile: (702) 362-2203
Email: jschnitzer@kssattorneys.com
and Kenneth J. Vanko (Admitted Pro Hac
Vice)
Illinois Bar No. 6244048
Clingen Callow & McLean, LLC
2100 Manchester Road, Ste. 1750
Wheaton, IL 60187
Telephone: (630) 871-2600
Facsimile: (630) 871-9869
Email: vanko@ccmlawyer.com
Attorneys for Plaintiff, Lawson Products,
Inc.
LAWSON PRODUCTS, INC.
Plaintiff,
vs.
SAMUEL E. FRUSTACI,
Defendant.
No. 2:12-cv-01303-JCM-CWH
AGREED PERMANENT
INJUNCTION ORDER
Plaintiff Lawson Products, Inc. ("Lawson") filed its Verified Complaint seeking injunctive relief on July 24, 2012. The parties to this matter, Lawson and Samuel E. Frustaci ("Frustaci"), have reached a Confidential Settlement Agreement and Mutual Release, a term of which requires the entry of an Agreed Permanent Injunction Order. Accordingly, the Court grants the parties' Joint Motion for Entry of Agreed Permanent Injunction Order as follows:
Defendant, Samuel E. Frustaci, and any person in active concert or participation with him who receives notice of this Order, is hereby restrained from:
a. directly or indirectly interfering with Lawson's business relationship with any employee of Lawson by soliciting or communicating with them or entering into an agreement with them for the purpose of inducing, causing, or encouraging them to (i) terminate their business relationship with Lawson and enter into activities competitive with those of Lawson, or (ii) breach any agreements they may have with Lawson. This restriction shall last through July 15, 2013.
b. helping another person or entity evaluate a Lawson employee as a candidate or otherwise helping any person or entity hire an agent or employee away from Lawson. This restriction shall last through July 15, 2013.
IT IS FURTHER ORDERED,
1. This order shall be binding upon the parties to this action, and their officers, agents, services, employees, and attorneys.
2. This order shall remain in full force and effect through 11:59 p.m., July 15, 2013, and shall terminate automatically at that time, unless Lawson has filed, and the Court has granted, a Petition to Extend the Order based upon violation of the Order by Frustaci.
IT IS SO ORDERED.
___________
UNITED STATES DISTRICT COURT JUDGE
DISTRICT OF NEVADA