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

HON. GERSHWIN A. DRAIN

vs.

KATHRYN WEBBER, 

Defendant.

_________________________________/

ORDER FOR PRELIMINARY INJUNCTION 

The Court having reviewed the Verified Complaint, the Motion for Temporary Restraining

Order and Preliminary Injunction, the Brief in Support, the Defendant’s Response in Opposition and

the Reply in Support, along with all the exhibits attached to the pleadings filed by Plaintiff, MLive

Media Group, an unincorporated division of The Herald Publishing Company, LLC (“MLive”); and

consistent with this Court’s Order Granting Plaintiff’s Motion for Preliminary Injunction entered

on this date; 

IT IS HEREBY ORDERED that:

(1) Defendant is hereby 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

limited to, Gannett, her current employer, until further order of this Court; 

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

acquired confidential knowledge during her employment with MLive, for

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

corporation or association, including, but not limited to, Gannett, her current

employer, until further order of the Court; 

(c) Using or disclosing MLive’s confidential, proprietary, and trade-secret

information, except for customer information that Defendant can recall from

memory or customer information that is available through public sources;

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. 

(2) Defendant is further ordered and required to:

(a) Produce for a forensic inspection and analysis all of her computer

equipment, including, but not limited to, laptop and desktop computers, USB

devices, including, but not limited to the two USB devices Defendant used with

her work computer in July of 2014, external storage devices, and iPhones, and

any online based email accounts and cloud based storage accounts and drop boxes 

used by Defendant within twenty-four (24) hours of entry of this Order for 

Preliminary Injunction. 

(b) 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 

(c) 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; 

(d) 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

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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

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

Preliminary Injunction not issue. 

(c) This Order for Preliminary Injunction has been entered after the issues were

fully briefed and argued on September 4, 2014 because irreparable harm to

MLive if a Preliminary Injunction 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 Preliminary Injunction shall remain in full force and effect until further order

of this Court. 

IT IS SO ORDERED. 

Dated: September 4, 2014 /s/Gershwin A Drain 

GERSHWIN A. DRAIN

UNITED STATES DISTRICT JUDGE 

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