UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MLIVE MEDIA GROUP, an unincorporated 

division of THE HERALD PUBLISHING 

COMPANY, LLC, 

Plaintiff,

Case No.14-cv-13148

vs. HON. GERSHWIN A. DRAIN

KATHRYN WEBBER., 

Defendant. 

_____________________________/

EX PARTE TEMPORARY RESTRAINING ORDER 

The Court having reviewed the Verified Complaint, the Motion for Ex Parte Temporary

Restraining Order and Preliminary Injunction, the Brief in Support of Motion, and the exhibits

attached to the pleadings filed by Plaintiff MLive Media Group, an unincorporated division of The

Herald Publishing Company, LLC (“MLive”), and the Court being otherwise duly advised of the

premises; 

IT IS HEREBY ORDERED that:

(1) On Thursday, August 21, 2014, at 10:00 a.m., a hearing is scheduled on MLive’s

Motion for Preliminary Injunction for Defendant to show cause why a preliminary

injunction should not be issued according to the terms and conditions set forth in this

Order. 

(2) Defendant is temporarily restrained and enjoined, directly or indirectly, from:

(a) Soliciting or servicing any customers of MLive with whom she worked while

employed by MLive, for herself or on behalf of or in conjunction with any

other person, partnership, corporation or association (including, but not

-1-

2:14-cv-13148-GAD-MKM Doc # 4 Filed 08/15/14 Pg 1 of 3 Pg ID 100
limited to, Gannett), until further order of the Court; 

(b) Soliciting or servicing any prospective customers of MLive about whom she

acquired confidential knowledge during her employment with MLive, for

herself or on behalf of or in conjunction with any other person, partnership,

corporation or association (including, but not limited to, Gannet), until

further order of the Court; 

© Using or disclosing MLive’s confidential, proprietary, and trade-secret

information; and 

(d) Tortiously interfering with MLive’s contractual and business relationships

with its customers and prospective customers, and otherwise disparaging the

business of MLive to its customers and prospective customers.

(3) Defendant is further ordered and required to:

(a) Immediately return to MLive’s undersigned counsel all documents, data,

files, and information obtained from MLive, including, but not limited to: all

originals and copies of tangible property, proprietary documents, trade

secrets, confidential information, discs, notes, customer files, customers

information, training information, employment information, businessdevelopment information, requests for proposal bids and all responses,

customer correspondence, marketing data, prospect meeting data, sales data,

proposals, financial information, pricing, contracts, marketing brochures,

marketing database, marketing plans, costs, customer lists, customer

information, internal weaknesses, prospect lists, client lists, employee lists,

alliance relationships, sales leads, employee information, business plans,

profit, margin, and forecasting information, strategic planning, service and

contract costs, and any other MLive data kept in any form or media

whatsoever, whether in hard copy or electronic format; and 

(b) Preserve all evidence related to Defendant’s employment with MLive and the

allegations and claims made in the Verified Complaint, in hard copy and

electronic form, related to the allegations in this case;

© Not to destroy, erase, or otherwise make unavailable for further proceedings

in this matter, any records, telephonic records, or documents (including data

or information maintained in computer media) in Defendant’s possession,

custody, or control, or to which Defendant has access, including but not

limited to, computers and/or data or server systems belonging to her current

employer, which were obtained from or contain information derived from

any of MLive’s confidential, proprietary, and/or trade-secret records or

information that relate to any of the allegations and claims in the Verified

-2-

2:14-cv-13148-GAD-MKM Doc # 4 Filed 08/15/14 Pg 2 of 3 Pg ID 101
Complaint. 

(4) The Court further finds that:

(a) MLive stands to lose its customers, confidential, proprietary, and trade-secret

information, the goodwill and referral business of its customers, and revenues

in an amount that cannot be readily ascertained. MLive is also faced with the

substantial risk that Defendant will unlawfully use MLive’s confidential and

proprietary customer information and continue to raid MLive’s customers to

MLive’s competitive disadvantage. Such anticipated losses constitute

irreparable harm in that they are so indefinite and speculative as to be

incapable of exact proof.

(b) It is satisfied based on the evidence presented that it clearly appears from the

specific facts shown by the Verified Complaint that immediate and

irreparable injury, loss or damage will result to MLive, should this Ex Parte

Temporary Restraining Order not issue.

© This Order has been entered without notice to Defendant because the

irreparable harm to MLive if a Temporary Restraining Order is denied

outweighs the harm to Defendant if it is granted. Further, the public interest

in protecting confidential information and preserving the status quo justifies

the issuance of this Order. 

(5) This Order shall remain in full force and effect until such time as this Court

specifically orders otherwise. 

(6) The parties are granted leave to commence discovery, including interrogatories,

requests for production, depositions, and third-party subpoenas immediately and on

an expedited basis in aid of any preliminary injunction proceedings before this Court. 

(7) A copy of this Order, Notice of Hearing on MLive’s Motion for Preliminary

Injunction, Verified Complaint and the Summons shall be sent to Defendant via email to her personal e-mail address and served on Defendant no later than Tuesday,

August 19, 2014. 

IT IS SO ORDERED.

Dated: August 15, 2014 /s/Gershwin A Drain 

GERSHWIN A. DRAIN 

UNITED STATES DISTRICT JUDGE 

-3-

2:14-cv-13148-GAD-MKM Doc # 4 Filed 08/15/14 Pg 3 of 3 Pg ID 102