Free Motion for Preliminary Injunction - District Court of Delaware - Delaware

Case 1 :05-cv-00879-SLR Document 3 Filed 12/20/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION and
PIKE ELECTRIC, INC.,
Plaintiffs, C.A.. No.
v.
MICK DUBEA,
Defendant.
PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION
AND FOR EXPEDITED DISCOVERY
Plaintiffs Pike Electric Corporation and Pike Electric, Inc. (collectively, "Pil counsel and pursuant to Rules 26 and 65 ofthe Federal Rules of Civil Procedure, respectfully tile
this rnotion for a preliminary iniunction and for expedited discovery against Defendant Mick
Dubea (“‘Dubea").
Pike moves for a preliminary iniunction enjoining Dubea, his agents, representatives, and
all persons acting in concert or participation with him who receive actual notice of the order,
from: (I) violating Dubea’s July l, 2004 employment agreement with Pike (the "Employrnent
Agreement") hy, ity; gig, competing against Pike and soliciting Pike’s customers and
employees in violation of § 5.07 ofthe Employment Agreement, and disclosing Pilce’s
confidential information in violation of § 5.03 ofthe Employment Agreement; (2) interfering
with Pike’s contracts with its former and current employees; (3) interfering with Pil reasonably expected business relations with its current and Future customers; (4) using Pike’s
trade secrets to further the business of T&D Solutions, Ltd. ("'l`&D”), a newly—formed company
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Case 1:05-cv-00879-SLR Document 3 Filed 12/20/2005 Page 2 of 3
which directly competes with Pike; and (5) assisting T&D in any way in its business activities,
including, without limitation, by providing financial support of any kind to T&D or advising
'I`&D or its directors, officers or employees in any way regarding T&D’s business.
Together with its motion for a preiirninary injunction, Pike requests expedited discovery.
Specifically, Pike seeks discovery of the documents and communications in Dubea’s possession,
custody or control concerning: ( i) Dubea’s contacts with T&D or representatives of 'i`&D; (2)
the formation, financing and corporate structure of T&D; (.3) Dubea’s recent contacts with the
employees, customers and suppliers of Pike and of Red Simpson Incorporated ("RSI"), a
company with which Dubea was employed irnrnediately prior to its acquisition by Pike; (4)
confidential information obtained by Dubea in his capacity as an employee of Pike and of RSI;
and (5) the phone numbers, electronic mail accounts and bank accounts used by Dubea during
his suspected involvement with 'i”&D. Pike also seeks the opportunity to take Dubea’s
deposition on the aforementioned matters.
In support of this motion, Pike relies on the following materials, all of which are fiied
contemporaneously herewith:
(a) Proposed Order Expediting Discovery and Setting Expedited Briefing
Schedule
(ia) Proposed Order Granting Preliminary Iniunction
(c) Verified Complaint
(d) Declaration of`Eri<: Pike
(e) Brief in Support of Plaintiffs Motion for a Preliminary Injunction and
Expedited Discovery
Pike further requests that Pike be granted such other and further relief as the Court deems
{just and proper.
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Case 1:05-cv-00879-SLR Document 3 Filed 12/20/2005 Page 3 of 3
Wgliam J. Wade (#704)
[email protected]
Alyssa M,. Schwartz (#4.351)
[email protected]
Richards, Layton & Finger
One Rodney Square
PLO. Box 551
Wilmington, DE 19899
302-651-7700
Attorneys for Plaintiffs Pike Electric
Corporation and Pike Electric, Inc.
OF COUNSEL.:
Michael A. Paskin
Cravath, Swaine & Moore LLP
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019-7475
(212) 474-1000
December 20, 2005
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