United States District Court, D. Oregon, Portland Division
PRECISION AIRCRAFT SOLUTIONS, LLC, an Oregon limited liability company, and 321 PRECISION CONVERSIONS, LLC, an Oregon limited liability company, PLAINTIFFS,
MICHAEL SCOTT, an individual, corporation, DEFENDANT.
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE
RE: PRELIMINARY INJUNCTION
A. HERNANDEZ, U.S. DISTRICT JUDGE
DEFENDANT MICHAEL SCOTT (“Defendant”):
HEREBY ORDERED TO SHOW CAUSE, at 1:30 p.m. on October 4, 2019
in Courtroom 15A of this Court, why the Court should not
convert this Temporary Restraining Order into a preliminary
injunction and enter a preliminary injunction further
prohibiting you from: i) retaining any information that was
created with or derived from Plaintiffs Precision Aircraft
Solutions, LLC’s and/or 321 Precision Conversions,
LLC’s (collectively, “Plaintiffs”)
property; ii) using any information that was created with or
derived from Plaintiffs’ property; iii) divulging to
anyone any information that was created on or derived from
Plaintiffs’ property; and iv) working with any
third-party entity with which you have already provided
Motion for a Temporary Restraining Order is GRANTED.
Plaintiffs have established they will likely succeed on the
merits of their trade secrets misappropriation and breach of
confidentiality agreement claims and will sustain irreparable
harm prior to the hearing on the preliminary injunction. In
addition, the balance of the equities tips in favor of
Plaintiffs, and an injunction is in the public interest.
HEARING on the above Order to Show Cause, the Court ORDERS as
Defendant, and anyone aiding or abetting him or acting in
concert with him, shall:
a. Pursuant to Federal Rule of Civil Procedure 26(d)(1),
immediately preserve all documents, data, tangible things,
and other materials relating to this case, including, without
limitation, emails, data, databases, cloud storage, and paper
and electronic data and documents, including any and all
metadata, and shall take all steps necessary to do so.
b. Be enjoined from altering, destroying, or disposing of any
evidence or other materials, in any form, relating to this
action and the issues raised herein, including, without
limitation, all devices, electronic media, cloud storage, and
all copies of any and all documents, media and/or other
materials, containing, identifying, describing, reflecting or
referencing Plaintiffs’ confidential, proprietary, or
trade secret information, and any and all documents, data and
information which was obtained by Defendant from, or by
virtue of his contractual relationship with, Plaintiffs,
including all current or archived media, emails, chats,
texts, documents, electronic logs, metadata, storage, and
c. Be enjoined from directly or indirectly accessing, using,
disclosing, or making available to any person or entity other
than Plaintiffs, any of Plaintiffs’ confidential,
proprietary, or trade secret documents, data, or information.
d. Be enjoined from soliciting Plaintiffs’ prior,
present, or potential customers, vendors, employees, and/or
suppliers, to the extent that such solicitation is enabled by
or based upon misappropriation of Plaintiffs’ trade
secrets and other confidential information.
e. Return all of Plaintiffs’ documents, information,
data, property, or anything else created with, or derived
from, Plaintiffs’ information or property immediately
to Plaintiffs’ counsel, including without limitation
any such information or property on any personal computer,
external hard drive, memory, drop box or external cloud
system, stick or external device. Such information shall be
delivered to Tucker Ellis LLP, 515 South Flower Street, 42nd
Floor, Los Angeles, California 90071, c/o Brian K. Brookey.
At the request of Defendant’s counsel, Plaintiffs shall
provide a forensic image of any of the trade secret and
confidential material at issue, and Defendant’s counsel
may use such information solely for a defense in this matter.
Such information shall be deemed attorneys’ eyes only
and not provided to Defendant.
f. Be enjoined from working with, planning, or discussing any
actual or proposed competitive business activities with any
entity that he has shared Plaintiffs’ confidential or
proprietary/trade secret information, including Sine Draco.
Temporary Restraining Order is ...