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Morgan Stanley DW, Inc. v. Johnson Doc.

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Case 4:07-cv-00760-CW Document 12 Filed 02/08/2007 Page 1 of 3

1 PATRICK J. FOLAN (STATE BAR #125340)


STEVEN W. BRENNAN (STATE BAR #110256)
2 ST. JOHN, WALLACE, BRENNAN & FOLAN LLP
21515 Hawthorne Boulevard, Suite 1120
3 Torrance, California 90503-6504
Telephone: (310) 792-1075
4 Facsimile: (310) 792-0635
E-mail: pjfolan@swbf.net
5
Attorneys for Plaintiff
6 Morgan Stanley DW Inc.
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8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA - OAKLAND
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11 Morgan Stanley DW Inc., ) CASE NO. CV07-00760 CW
a corporation, )
12 ) Assigned to Hon. Claudia Wilken
Plaintiff, ) Courtroom 2
13 )
v. )
14 )
Rosemary Johnson, an individual, ) STIPULATION RE ENTRY OF
15 ) PRELIMINARY INJUNCTION AND
Defendant. ) ORDER THEREON
16 )
)
17 )
______________________________________ )
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STIPULATION
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Plaintiff Morgan Stanley DW Inc. (“Morgan Stanley”) and defendant Rosemary Johnson
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(“Johnson” or “Defendant”) hereby stipulate and agree as follows:
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1. The parties hereby agree to the Court’s entry of the following preliminary
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injunction:
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STIPULATION RE ENTRY OF PRELIMINARY INJUNCTION AND PROPOSED ORDER THEREON

Dockets.Justia.com
Case 4:07-cv-00760-CW Document 12 Filed 02/08/2007 Page 2 of 3

1 [PROPOSED] PRELIMINARY INJUNCTION


2 Based on the parties’ Stipulation above, IT IS HEREBY ORDERED AND DECREED
3 THAT:
4 A. A preliminary injunction shall be issued immediately. Defendant is hereby enjoined
5 and restrained, directly or indirectly, whether acting alone or in concert with others, including any
6 officer, agent, representative, and/or employee of Defendant’s new employer, Cochrane &
7 Associates, from:
8 1. Soliciting any business from any client or customer whom Defendant served
9 as a sales assistant during her employment with Morgan Stanley, or any other customer or
10 client of Morgan Stanley whose name became known to Defendant while in the employ of
11 Morgan Stanley;
12 2. Contacting for business purposes, whether in person, through others, by
13 telephone or in writing, any client or customer of Morgan Stanley whom Defendant served
14 as a sales assistant during her employment with Morgan Stanley or whose name became
15 known to Defendant while employed by Morgan Stanley; and
16 3. Using, disclosing, or transmitting for any purpose (including but not limited
17 to the solicitation of said clients or customers), any information contained in the records of
18 Morgan Stanley, including but not limited to the names, addresses, and financial information
19 of said clients or customers.
20 B. Within 48 hours of entry of this Order by the Court, Defendant is hereby required to
21 return to Morgan Stanley’s counsel, Patrick J. Folan, all originals, copies, or other reproductions,
22 in any form whatsoever, of any document or other form of recorded Morgan Stanley information,
23 and to purge and destroy any computerized record of Morgan Stanley that is within Defendant’s
24 possession, custody or control.
25 C. In view of the nature of the controversy and Morgan Stanley's financial condition,
26 a bond is deemed to be unnecessary.
27 This Order shall remain in full force and effect until April 8, 2007.
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STIPULATION RE ENTRY OF PRELIMINARY INJUNCTION AND PROPOSED ORDER THEREON
Case 4:07-cv-00760-CW Document 12 Filed 02/08/2007 Page 3 of 3

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2 DATED: February 7, 2007 ST. JOHN, WALLACE, BRENNAN
& FOLAN LLP
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By:___________________________________
5 Patrick J. Folan (State Bar #125340)
Attorneys for Plaintiff Morgan Stanley DW Inc.
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7 DATED: February 7, 2007 STEEFEL LEVITT & WEISS
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9 By:___________________________________
Michael D. Early (State Bar #111459)
10 Attorneys for Defendant Rosemary Johnson
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12 IT IS SO ORDERED.
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2/8/07
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Dated:___________________ ___________________________________
15 Hon. Claudia Wilken
United States District Court Judge
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STIPULATION RE ENTRY OF PRELIMINARY INJUNCTION AND PROPOSED ORDER THEREON

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