United States District Court, Southern District of New York
May 30, 2003
GORDON & FERGUSON OF DELAWARE, INC., PLAINTIFF,
STUART L. EDELMAN, ET ANO., DEFENDANTS.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.
Plaintiff having moved for an order of attachment and a preliminary injunction, the Court having issued a temporary restraining order on May 22, 2003, having received and considered answering and reply papers, having held an evidentiary hearing on May 30, 2003, and having made findings of fact and conclusions of law on the record in open court, and the parties having advised the Court that they have settled so much of the motion as sought an order of attachment, will submit a consent order with respect to that matter, and consent to the continuation of the temporary restraining order pending entry of that consent order, it is hereby ORDERED, as follows:
1. The temporary restraining order entered on May 22, 2003 is continued pending the entry of a consent order with respect to the motion for an attachment.
2. Plaintiff's motion for a preliminary injunction is granted and defendants are hereby enjoined and restrained, pending the determination of this action, from (a) marketing or selling any jacket similar in style to plaintiff's style number 9B4301, including without limitation a style that defendants identify as "2LM003," and (b) disclosing or otherwise utilizing any trade secrets or confidential information obtained during their employment with plaintiff.
3. Plaintiff shall post a preliminary injunction bond in the amount of $25,000 no later than 4 p.m. on June 4, 2003.
4. Upon posting of the preliminary injunction bond, the bond posted with respect to the temporary restraining order is exonerated.
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