United States District Court, D. Colorado
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY
INJUNCTION
CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE
This
matter is before the Court on Plaintiff Savills Studley,
Inc.'s Motion for Preliminary Injunction, in which
Plaintiff seeks to preclude its former employee, Defendant
Ashley Elkin, from using or disclosing Plaintiff's
Company Information, Work Product, and trade secrets. (Doc.
## 2, 2-1.) Plaintiff also requests that Defendant
immediately return all Company Information, Work Product, and
property Defendant took from Plaintiff without its consent.
(Id.)
On
November 29, 2018, the Court conducted a five-hour hearing on
Plaintiff's Motion. See (Doc. # 23.) The Court,
after considering the Motion and evidence presented at the
hearing, is of the opinion that the Motion should be GRANTED
based on the findings of fact and conclusions of law the
Court read into the record at the hearing. See
(id.)
Accordingly,
the Court ORDERS as follows:
1.
Defendant must at all times maintain the confidentiality of
all Company Information and Work Product, as defined in her
Employment Agreement;
2.
Defendant shall not use or disclose Plaintiff's Company
Information or Work Product, including but not limited to the
documents and information she uploaded or exported from her
Company-issued desktop computer, any Company network, and/or
the Savills-Apto Client Database, and any information derived
therefrom;
3.
Defendant shall not use, disclose, possess, or benefit from,
either directly or indirectly, any of Plaintiff's
confidential, proprietary, or trade secret information;
4.
Defendant must immediately return, within three (3) days of
the date of this Order, to Plaintiff all of Plaintiff's
Company Information, Work Product, and property-whether in
hard copy or in electronic form-in her possession; and
5. No.
later than December 4, 2018, Defendant must also provide
Plaintiff's designated forensic investigator, Setec
Investigations, with access to any and all of her Personal
Dropbox accounts, her personal computer, her personal mobile
devices, and any of her personal data storage devices
(including, but not limited to, any CD, DVD, or USB drive)
(collectively, “Defendant's Data Storage
Devices”) sufficient to permit Plaintiff's
designated forensic investigator to perform the requisite
forensic imaging and investigation of Defendant's Data
Storage Devices. To ensure the confidentiality and privacy of
any privileged and confidential personal and attorney-client
communications on Defendant's Data Storage Devices, and
to establish the protocol for such forensic imaging and
investigation, Plaintiff, Setec Investigations, and Defendant
have agreed to and shall follow the following Protocol for
Computer Forensic Inspection:
i. The terms of the Inspection Protocol are binding and take
the place of any previously proposed protocols.
ii. Forensic inspector: To effectuate the
terms of this Order, Setec Investigations
(“Setec”) will conduct a forensic inspection of
Defendant Ashley Elkin's Data Storage Devices.
iii. Inspection and Production Guidelines:
At the offices of Defendants counsel, at a time agreed upon
by Plaintiff and Defendant, the forensic inspection will
begin with the forensic imaging and acquisition and/or
inspection of the Data Storage Devices. Plaintiffs counsel,
Plaintiff, Defendant's counsel, Defendant, and
Defendant's forensic expert will be present.
Upon
completion of the forensic imaging and acquisition process,
Setec will perform subsequent analysis activities, at
Setec's offices, on the acquired data pertaining to the
following two categories:
. Non-Content Findings - Analysis to
identify any potential location where Plaintiff's data
may reside, as well as the identification of any efforts to
delete or obfuscate ...