TRUEBLUE, INC. v. DYN

Full title: TRUEBLUE, INC., Plaintiff, v. TIMOTHY P. DYN, JENNIFER RODRIGUEZ, STAFFING…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Mar 24, 2010

Case No: 8:09-CV-1894-T-30MAP (M.D. Fla. Mar. 24, 2010)

Opinion

Case No: 8:09-CV-1894-T-30MAP.

March 24, 2010

ORDER

JAMES MOODY JR., District Judge

THIS CAUSE came on for consideration upon the Report and Recommendation submitted by Magistrate Judge Mark A. Pizzo (Dkt. #63) and the Objection (Dkt. #65) filed thereto.

After careful consideration of the Report and Recommendation of the Magistrate Judge in conjunction with an independent examination of the file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.

ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:

1. The Report and Recommendation (Dkt. #63) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

2. Plaintiff's Motion for Preliminary Injunction is GRANTED to the extent that Defendants Aemilia Gutierrez-Orial, Staffing Express, Inc., Timothy P. Dyn, and Jennifer Rodriguez shall:

a. refrain from using or disclosing, directly or indirectly, any documents and information or property of TrueBlue, Inc., including all e-mails or documents containing, attaching, or referring to TrueBlue, Inc. confidential information which Defendant Aemilia Gutierrez-Orial emailed from her work account to both her personal e-mail accounts and directly to Staffing Express, Inc., Timothy P. Dyn, and Jennifer Rodriguez, in the days preceding her November 16, 2009, resignation;

b. refrain from destroying, discarding, or altering, directly or indirectly, all TrueBlue, Inc. property, including all e-mails or documents containing, attaching, or referring to TrueBlue, Inc. confidential information which Defendant Aemilia Gutierrez-Orial e-mailed from her work account to both her personal e-mail accounts and directly to Staffing Express, Inc., Timothy P. Dyn, and Jennifer Rodriguez, in the days preceding her November 16, 2009, resignation; and

c. immediately return to TrueBlue, Inc. all originals and copies of TrueBlue, Inc. property, including all e-mails or documents containing, attaching, or referring to TrueBlue, Inc. confidential information which Defendant Aemilia Gutierrez-Orial e-mailed from her work account to both her personal e-mail accounts and directly to Staffing Express, Inc., Timothy P. Dyn, and Jennifer Rodriguez, in the days preceding her November 16, 2009, resignation.

3. In all other respects, Plaintiff's Motion for Preliminary Injunction is DENIED.

DONE and ORDERED in Tampa, Florida