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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

BIOMET 3i, LLC. and ZIMMER US, INC., Plaintiffs, v.

HEATHER LAND, Defendant.

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Case No.:__________________

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs Biomet 3i, LLC and Zimmer US, Inc. (collectively referred to herein as

“Zimmer Biomet”), by counsel, pursuant to Federal Rules of Civil Procedure 65(a), respectfully

request that the Court enter a preliminary injunction against Defendant Heather Land (“Land”),

who already has and intends to continue to violate her Zimmer Biomet Confidentiality, Non- Competition, and Non-Solicitation Agreement for Sales Managers and Representatives (the

“Agreement”) by working for a direct competitor—Keystone Dental, Inc. (“Keystone”)—in a

managerial capacity in her former Zimmer Biomet territory and soliciting Zimmer Biomet

customers on behalf of Keystone. Zimmer Biomet has no adequate remedy at law and is being

irreparably harmed by Land’s past and ongoing breaches of the Agreement, which have allowed

Keystone to short cut the competitive market, at Zimmer Biomet’s expense. Zimmer Biomet,

therefore, requests that a preliminary injunction be issued, enjoining Land from continued

breaches of the Agreement, pending trial, from any of the following:

A. Working, for eighteen (18) months, for Keystone in the Restricted

Territory she covered as Zimmer Biomet Corporate Sales Manager, which

consists of: Alaska, Arizona, California, Colorado, Hawaii, Idaho,

Minnesota, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah,

Washington, Wisconsin, and Wyoming;

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B. Directly or indirectly soliciting, for eighteen (18) months, any person,

corporation or other entity serviced, sold to, approached or solicited,

directly or indirectly, by Land during the last eighteen (18) months of her

role as a Zimmer Biomet manager;

C. Soliciting, recruiting, enticing, or taking away or assisting others in

recruiting, soliciting, or hiring (a) current Zimmer Biomet employees,

sales representatives, or consultants or (b) individuals who were

employees, sales representatives, or consultants for Zimmer Biomet within

the preceding two (2) years, for a period of eighteen (18) months; and

D. Disclosing or using any Confidential Information, as defined in the

Agreement.

E. Possessing any of Zimmer Biomet’s Confidential Information.

Zimmer Biomet further requests that Land be required to file with the Court and serve on

Zimmer Biomet within fifteen (15) days after service of the preliminary injunction a written

report, under oath, setting forth the manner and form in which Land has complied with the

injunction.

Zimmer Biomet further requests such other relief as the Court deems equitable and just.

Zimmer Biomet is concurrently tendering its Brief in Support of Motion for Preliminary

Injunction.

QUARLES & BRADY LLP

By: /s/ Joshua B. Fleming

Joshua B. Fleming, #25954-29

Lucy R. Dollens, #23547-49

Michael A. Rogers, #28038-29

Hunter G. DeKoninck, #32563-49

Attorneys for Plaintiffs Biomet 3i, LLC and

Zimmer US, Inc. QUARLES & BRADY LLP

135 North Pennsylvania Street

BMO Building Suite 2400

Indianapolis, IN 46204

Phone: 317-957-5000

Fax: 317-957-5010

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josh.fleming@quarles.com

lucy.dollens@quarles.com

michael.rogers@quarles.com

hunter.dekoninck@quarles.com

QB\990327.00254\39379728.1

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