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16-221 - National Processing Solutions v. Hickey


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16-221 - National Processing Solutions v. Hickey
June 13, 2016
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TEMPORARY RESTRAINING ORDER - WHEREFORE, IT IS ORDERED that Hickey, and others acting in concert with her, isrestrained from:(1) After 24 hours from the date this TRO is entered, Maintaining possession of and use ofNPS's confidential, proprietary and trade secret information, including but not limited to customer information, customer lists and identification, account information, marketing and retention programs, training materials, day to day operational techniques, procedures, policies, plans, pricing and fee related information ("Confidential Information");(2) Revealing, reporting, publishing, disclosing or transferring, directly orindirectly, NPS's Confidential Information to any individual or entity;(3) Directly or indirectly soliciting, representing, diverting or selling to NPS's past, present or prospective customers credit card processing services;(4) Working or performing services, directly or indirectly, for herself or forany person or entity, in the credit card processing industry for a period oftime this Court deems reasonable;(5) Engaging in unfair competition with NPS through the inevitable use anddisclosure of NPS's Confidential Information;(6) Directly or indirectly, attempting to or actually gaining access to NPS'scomputer systems by remote modem or otherwise;(7) Directly or indirectly, destroying, deleting, altering or tampering with any documents, instant messages or electronically stored informationincluding data and information contained on any computer, phone, tablet,computer hard drive, disk, drive or device owned or accessed by Hickeyat any time during or after her employment with NPS or which maycontain information related to NPS, NPS's past, present or prospectivecustomers, and any ofNPS's current or former employees, agents.vendors or independent contractors, of any kind and in any form pendingthe final disposition of this case or further order of this Court;(8) Within 24 hours after the entry of this TRO, Hickey shall return to NPS any and all of its docwnents and information in any form, including electronically maintained, written materials, company-provided equipment, including computers, computer components, hard drives, software and any othermaterials without tampering, altering or harming same in any manner;(9) Selling or encumbering any real property owned in whole or in part byHickey pending the outcome ofthis matter,(l0) This Order shall be served on Hickey and shall become effective upon itsfiling and shall expire 14 days hence unless extended pursuant to Rule 65;(11) This Order was entered on June 8, 2016; and(12) A bond in the amount of $100.00 shall be deposited with the Clerk. Signed by Judge Walter H. Rice on 6/13/2016. (srb)