Center For Diagnostic Imaging, Inc. et al v. Cummins

MOTION for Temporary Restraining Order and Preliminary Injunction Order

D. Minn.May 15, 2017

132988396.1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Center For Diagnostic Imaging, Inc., and CDI Management Corp., Plaintiffs, v. Lori K. Cummins, Defendant. Case No: 0:17−cv−01589−DSD−HB PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION To: DEFENDANT LORI K. CUMMINS, 9326 WICKHAM WAY, ORLANDO, FL 32836. PLEASE TAKE NOTICE THAT Plaintiffs Center For Diagnostic Imaging, Inc. and CDI Management Corp. (hereinafter together as “CDI”) will move the Court for a Temporary Restraining Order and Preliminary Injunction granting the relief set forth on pages 2-3 below, based upon Fed. R. Civ. P. 65, the Complaint, the supporting declarations, arguments of counsel, and all the files, records and proceedings, and upon further evidence as may be required or permitted to be introduced, on Friday, May 26, 2017 at 9:00 a.m., before the Honorable David S. Doty at the United States District Court, United States Courthouse, 300 South Fourth Street, Minneapolis, MN 55415. The Court has directed that Defendant shall have until May 23, 2017 to file an opposition to Plaintiffs’ Motion, and Plaintiffs shall have until noon, May 25, 2017 to file a reply. The parties will be limited to 15 minutes each for oral argument at the May 26, 2017 hearing. CASE 0:17-cv-01589-DSD-HB Document 5 Filed 05/15/17 Page 1 of 4 2 132988396.1 1. Enjoining and restraining Defendant from directly or indirectly engaging in any commercial activity (including activity on behalf of Alliance Healthcare Services) that competes with the business of CDI or any affiliate of CDI within a 50-mile radius of any CDI center. 2. Enjoining and restraining Defendant from maintaining, using or disclosing any information belonging to CDI, including its confidential, proprietary and/or and trade secret information. 3. Requiring that Defendant immediately preserve and return to CDI all of CDI’s confidential, proprietary and trade secret information in her possession, under her control or to which she has access. 4. Requiring that Defendant turn over all devices containing electronically stored information relating to CDI to a forensic expert, designated by CDI, for examination and sequestration of any of CDI’s confidential, proprietary and/or trade secret information and that Defendant bear the cost of this process. 5. Requiring that Defendant provide to CDI, within three (3) calendar days of the entry of the Court’s order, a specific and complete written accounting through an affidavit under oath detailing with specificity: a. the location of CDI’s confidential, proprietary and/or trade secret information, including whether it resides or has resided in any electronically stored information in the possession, control or custody of any third parties, including, but not limited to, Alliance HealthCare Services; CASE 0:17-cv-01589-DSD-HB Document 5 Filed 05/15/17 Page 2 of 4 3 132988396.1 b. the location of each of the 709 documents (whether maintained in hard copy or as electronically stored information) described in paragraph 6 of the Declaration of Alexander Gessen; c. an identification of all third parties (including Alliance HealthCare Services) who were provided with any of the 709 documents described in paragraph 6 of the Declaration of Alexander Gessen; d. the location of External Device #2 and External Device #3 described in paragraphs 8-9 of the Declaration of Alexander Gessen; e. the location of the marketing analytics reports referenced in paragraph 28 of the Declaration of Mark Arnold; and f. an identification of all third parties (including Alliance HealthCare Services) who were provided with any of the marketing analytics reports referenced in paragraph 28 of the Declaration of Mark Arnold. 6. Enjoining and restraining Defendant from any further violations of her 2003 Employment Agreement, as amended in 2012, with CDI. 7. Requiring Defendant to preserve and not destroy any of the information described in this Motion. CASE 0:17-cv-01589-DSD-HB Document 5 Filed 05/15/17 Page 3 of 4 4 132988396.1 8. Finding that Plaintiffs are not required to give security as provided in Fed. R. Civ. P. 65(c). Dated: May 15, 2017 /s/ Joel E. Abrahamson Joel E. Abrahamson (#236895) Steven Katras (#310396) STINSON LEONARD STREET LLP 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 Telephone: 612.335.1770 Facsimile: 612.335.1657 joel.abrahamson@stinson.com ATTORNEYS FOR PLAINTIFFS CASE 0:17-cv-01589-DSD-HB Document 5 Filed 05/15/17 Page 4 of 4