Opinion
3:23-cv-10 (CAR)
02-16-2024
WELLS FARGO BANK, N.A. Plaintiff, v. JEREMIAH D. WARE and WONDERWARE, INC. d/b/a CORE BUSINESS TECHNOLOGIES Defendants.
Michael P. Elkon Georgia Bar No. 243355 FISHER & PHILLIPS LLP ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A. Lisa D. Taylor Georgia Bar No. 235529 John T. Stembridge Georgia Bar No. 678605 STEMBRIDGE TAYLOR LLC ATTORNEYS FOR DEFENDANTS
Michael P. Elkon Georgia Bar No. 243355
FISHER & PHILLIPS LLP
ATTORNEY FOR PLAINTIFF WELLS FARGO BANK, N.A.
Lisa D. Taylor Georgia Bar No. 235529
John T. Stembridge Georgia Bar No. 678605
STEMBRIDGE TAYLOR LLC ATTORNEYS FOR DEFENDANTS
AGREED PERMANENT INJUNCTION AND ORDER OF DISMISSAL
HONORABLE TILMAN E. SELF, III UNITED STATES JUDGE
Upon consideration of the Parties' agreement to resolve the above-captioned litigation, including Plaintiff Wells Fargo Bank, N.A's. (“Wells Fargo” or the “Bank”) claims against Defendants Jeremiah D. Ware (“Ware”) and Wonderware, Inc. d/b/a Core Business Technologies (“CORE”) (Wells Fargo, Ware, and CORE are referred to collectively as the “Parties”), which claims Defendants expressly deny, it is hereby ORDERED that:
1. Defendants are hereby restrained from retaining, disclosing, or using any information belonging to Wells Fargo that constitutes a Trade Secret (as defined in the Georgia Trade Secrets Act, O.C.G.A. § 10-1-760 et seq) or Confidential Information (as that term is defined in the Wells Fargo Confirmation of Telecommuting Arrangement attached to the Bank's Complaint as Exhibit B).
2. For a period of one year from the date set forth below, Ware is hereby restrained from soliciting business from any of the customers with whom he had business-related contact in his last year working for Wells Fargo. To the extent that Ware has any questions as to whether an entity is covered by this restriction, then he shall reach out to Wells Fargo's Head of Small Business Merchant Services (a position currently held by Steve Moss) for clarification.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction to enforce the terms of this Agreed Permanent Injunction and Dismissal Order which shall become effective upon the entry of this Order, and the terms of the Parties' Settlement Agreement.
IT IS FURTHER ORDERED that this Order shall constitute Final Judgment as to all claims, counterclaims, and parties in the above-captioned litigation, and as no further matters remain pending shall be dismissed with prejudice, with each Party to bear its and his own attorneys' fees and costs.
IT IS SO ORDERED.