Cook

Henry Schein, Inc. v. Cook

Good Law
191 F. Supp. 3d 1072·2016 WL 3212457·2016 U.S. Dist. LEXIS 76038
United States District Court, Northern District of CaliforniaJune 10, 2016Case No. 16-cv-03166-JSTCalifornia2,745 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ APPLICATION FOR TEMPORARY RESTRAINING ORDER AND DENYING REQUEST FOR EXPEDITED DISCOVERY WITHOUT PREJUDICE

Re: ECF No.

Plaintiff Henry Schein, Inc. (“HSI”) has applied for a temporary restraining order (“TRO”), alleging that Defendant and former HSI employee Jennifer Cook stole confidential data in violation of trade secret law and employment agreements. ECF No. 2. HSI requests a TRO preventing Cook from accessing, using, or sharing any of this data, as well as early discovery against Cook and her new,, non-party employer. The Court will grant the requested TRO and deny the request for early discovery.

I. BACKGROUND

According to Plaintiffs allegations, Plaintiff HSI “is in the business of marketing, distributing, and selling medical, dental and veterinary supplies and equipment, and other healthcare products, to medical, dental, and veterinary practitioners, and other healthcare professionals and organizations.” ECF No. 2-3 ¶ 2. Defendant Cook was hired as a “Field Sales Consultant” with HSI in April 2006, and entered into a Confidentiality and Non-Solicitation Agreement in 2005, as well as a Letter Agreement in 2011 that…

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