Contract analysis
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Contract analysis / proposed-tro-order.docx
proposed-tro-order.docx
High · 1
Medium · 3
Standard · 1
I. TEMPORARY RESTRAINING ORDER — INJUNCTIVE RELIEF
Medium
⚑ Notice / time limit to track
I. TEMPORARY RESTRAINING ORDER — INJUNCTIVE RELIEF A. Prohibition on Use, Disclosure, and Exploitation of Trade Secrets Defendants NovaSpark Technologies Inc. (a Delaware corporation headquartered at 88 Bluxome Street, Floor 4, San Francisco, California 94107), Rajiv Anand (an individual residing at 1482 Mariposa Avenue, Palo Alto, California 94306), Serena Mallick (an individual residing at 578 Guerrero Street, Apt
II. SCOPE AND APPLICATION
Medium
⚑ Notice / time limit to track
II. SCOPE AND APPLICATION This Order shall apply to Defendants NovaSpark Technologies Inc. (Employer Identification Number: 88-3291047; Delaware Secretary of State File Number: 7294183), Rajiv Anand, Serena Mallick, and Derek Yun, and to their respective officers, directors, agents, servants, employees, representatives, attorneys, successors, assigns, subsidiaries, affiliates, and all persons in active concert or par
III. ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION
III. ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION Defendants NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun are hereby ORDERED TO SHOW CAUSE why a preliminary injunction should not issue in the terms set forth in Plaintiff's Ex Parte Application for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction and the accompanying Memorandum of Points and Authorities in Sup
IV. SERVICE OF THIS ORDER
Medium
⚑ Notice / time limit to track
IV. SERVICE OF THIS ORDER Plaintiff's counsel of record, Calderwood & Harkness LLP (555 California Street, 40th Floor, San Francisco, California 94104), shall serve a copy of this Order, together with copies of the Ex Parte Application, the Verified Complaint, and all supporting declarations, on all Defendants and their counsel of record, if any, by personal service or such other means as are reasonably calculated to
V. BOND / SECURITY
Standard
⚑ Commercial term
V. BOND / SECURITY Pursuant to California Code of Civil Procedure § 529, the Court has considered whether to require Plaintiff to post an undertaking or bond as a condition of the issuance of this Temporary Restraining Order. Having considered the strength of the evidence presented by Plaintiff, including the detailed forensic evidence of specific acts of exfiltration, the nature of the trade-secret claims at issue,
VI. RESERVATION OF RIGHTS
High
⚑ Penalty / liquidated damages
VI. RESERVATION OF RIGHTS Nothing in this Order shall be construed as a final adjudication on the merits of any of Plaintiff's claims or any of Defendants' defenses. This Order is based solely on the showing made by Plaintiff at the ex parte stage and the standards applicable to the issuance of temporary restraining orders under California law. The Court expressly reserves the right to modify, amend, expand, or disso