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Solar Connect, LLC v. Endicott

United States District Court, D. Utah

January 13, 2020

Solar Connect, LLC, a Nevada limited liability company, Plaintiff,
v.
James Endicott, an individual residing in the State of Utah; Internet Products Online, LLC, a Utah limited liability company dba Salar Launch aka Solar Launch, a Utah limited liability company; Jordan Garn, an individual residing in the State of Utah; and Does 1-10, Defendants.

          ORDER GRANTING STIPULATED MOTION FOR ENTRY OF PERMANENT INJUNCTION AGAINST DEFENDANT GARN

          Howard C. Nielson, Jr. United States District Judge

         On January 6, 2020, Plaintiff Solar Connect, LLC (“Solar Connect”) and Defendants James Endicott, Internet Products Online, LLC, dba Salar Launch aka Solar Launch, LLC, and Jordan Garn (collectively, the “Defendants”) notified this court that Plaintiff and Defendants had reached a settlement agreement. See Dkt. No. 94. Pursuant to the settlement, Solar Connect and Jordan Garn moved this court to enter a stipulated permanent injunction against Defendant Garn. See Dkt. No. 92.

         Based on its review of the stipulated motion and filings in this case, and for good cause appearing, the court finds that the proposed permanent injunction is fair, reasonable, and consistent with the public interest. See Metropolitan Housing Development Corp. v. Village of Arlington Heights, 616 F.2d 1006, 1014-15 (7th Cir. 1980). The court further finds that the proposed permanent injunction “spring[s] from and serve[s] to resolve a dispute within the court's subject-matter jurisdiction” and “com[es] within the general scope of the case made by the pleadings.” Local No. 93, Int'l Assoc. of Firefighters v. City of Cleveland, 478 U.S. 501, 525 (1986) (citation and internal quotation marks omitted). Finally, the court finds that the proposed permanent injunction does not “conflict[] with or violate[] the [law] upon which the complaint was based” but instead “further[s] the objectives” of that law. Id. at 525-26. The court therefore GRANTS the stipulated motion for permanent injunction against Defendant Garn.

         Accordingly, the court ORDERS the following:

         (1) that Garn, and Garn's agents, representatives, servants, employees, independent contractors, successors, and assigns, and all those acting in concert or participating with any of them, are hereby ordered to maintain and protect as confidential Solar Connect's trade secrets and are permanently enjoined and restrained from:

(a) publishing, disclosing to parties other than Solar Connect, using, acquiring, or transferring any of Solar Connect's confidential materials, software, code, information, or trade secrets, or any materials, information, software, code, or trade secrets derived therefrom, without the express written consent of Solar Connect, including:
(i) any proprietary or confidential information or trade secrets obtained from any Google docs, CSV/Excel files, or spreadsheet of Solar Connect, including, without limitation, information regarding: customer and potential customer demographics relating to the solar energy consumer industry; sales lead pricing; online paid marketing parameters, including, without limitation, parameters for ads through Pinterest, Facebook, Google Adwords, Outbrain, Taboola, Adset, Twitter or online media buying.
(ii) Solar Connect's marketing strategies, including SEO strategies, online content network and linking strategies, and web interface information for Solar Connect's websites and platforms;
(iii) Solar Connect's sales leads vendors and purchasers list, contact information, and revenue share pricing;
(iv) Solar Connect's Google doc containing Solar Connect's vendor list with crossmatches to zip codes, or any information obtained therefrom;
(v) Solar Connect's proprietary platform or code for sales lead contact submission and vendor delivery, or any platform or code derived therefrom; and
(vi) Any code, materials, or information obtained, directly or indirectly, from Solar Connect's cPanel or derivatives thereof;
(b) Generating, marketing, or selling any sales leads for solar systems or otherwise ...

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