PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 1

CAUSE NO. _________________

PRUVIT VENTURES, INC., §

§

 IN THE DISTRICT COURT 

Plaintiff, §

§

v. § ____ JUDICIAL DISTRICT

§

CASEY KIO, §

§

§

§

Defendant. § COLLIN COUNTY, TEXAS

PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION 

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Plaintiff, Pruvit Ventures, Inc. (“Pruvit”), and files this its Verified Original 

Petition and Application for Temporary Restraining Order, Temporary Injunction, and Permanent 

Injunction against Defendant Casey Kio. In support thereof, Pruvit respectfully shows the Court 

the following: 

I.

DISCOVERY LEVEL AND RULE 47 STATEMENT

1. Pruvit intends to conduct discovery under Level 3, pursuant to Rule 190.3 of the 

TEXAS RULES OF CIVIL PROCEDURE. Pruvit affirmatively pleads that this lawsuit is not governed 

by the expedited action process under Rule 169 of the TEXAS RULES OF CIVIL PROCEDURE, as 

Pruvit states it seeks monetary relief over $1,000,000.00, including damages of any kind, penalties, 

costs, expenses, pre-judgment interest and attorney fees, and for all other relief to which Pruvit 

may be entitled. See TEX. R. CIV. P. 47(c)(4), (d). As this lawsuit is at its inception and discovery 

has not yet been conducted, Pruvit reserves the right to modify and/or amend the foregoing 

statement of relief. 

Filed: 8/8/2023 9:15 AM

Michael Gould

District Clerk

Collin County, Texas

By Elizabeth Anderson Deputy

471-04329-2023 Envelope ID: 78294617

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 2

II.

PARTIES

2. Pruvit Ventures, Inc. is a domestic corporation authorized to conduct business in 

the state of Texas with a principal place of business located in Collin County, Texas at 901 Sam 

Rayburn Hwy, Melissa, Texas 75454. 

3. Defendant Casey Kio (“Kio”) is an individual and a resident of Gloucester County, 

New Jersey. Kio resides at her home address of 509 Sammy Street, Woolwich Township, New 

Jersey 08085, and may be served with process by serving the Texas Secretary of State, 1019 Brazos 

Street, Austin, Texas 78701 as her agent for service, because Defendant Kio has engaged in 

business in Texas but has not designated or maintained a registered agent for service of process in 

Texas. TEX. CIV. PRAC. & REM. CODE § 17.044(b).

III.

JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter herein as the amount in 

controversy is within the jurisdictional limits of the Court. See TEX. R. CIV. P. 47(b). 

5. This Court has personal jurisdiction over Kio under the Texas Long-Arm Statute 

(TEX. CIV. PRAC. & REM. CODE § 17.042, et. seq.) because Defendant contracted with a Texas 

resident, has committed a tort, in whole or in part, against Pruvit in Texas, as described in greater 

detail herein. Pruvit’s claims and causes of action arise out of Kio’s purposeful actions directed 

towards Pruvit in the state of Texas. Further Kio and Pruvit contractually agreed that all disputes 

between the Parties are subject to Texas law and shall be resolved in Courts located in Collin 

County, Texas. 

6. Venue is proper in Collin County, Texas pursuant to §15.002(a)(1) of the TEXAS 

CIVIL PRACTICES & REMEDIES CODE as all or substantially all of the events giving rise to Pruvit’s 

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 3

causes of action arose in Collin County and Defendant agreed to courts in Collin County, Texas.

as the exclusive forum for resolution of disputes. See TEX.CIV. PRAC. &REM.CODE §15.002(a)(1).

IV.

STATEMENT OF FACTS

A. PRUVIT VENTURES, INC. AND ITS AGREEMENTS WITH ITS PROMOTERS.

7. Pruvit is a worldwide leader in ketone technology and a pioneer in selling ketone 

products. Pruvit is a community-based marketing company that has independent promoters, called 

Pruvers, that market and sell its unique products throughout the country. 

8. Over time, as senior Pruvit promoters bring in new promoters, an up-line and downline structure is created. In many cases, Pruvit’s successful Pruvers have created extensive 

downlines of fellow Pruvers totaling in the hundreds. 

9. Pruvit invests significant amounts of time, money, and resources into protecting its 

technology and the integrity of its community of representatives. When a Pruver leaves Pruvit, it 

can adversely affect both the compensation of other Pruvers as well as the profits of Pruvit. 

10. As part of Pruvit’s business, it holds an exclusive sub-license to market ketone 

products that utilize BHB salts in the network marketing space. For years, Pruvit has actively 

marketed and sold a product line that utilizes this ketone technology. In order to protect this 

license, the technology, Pruvit’s customers, and its Pruvers, Pruvit requires each Pruver to agree 

to its Statement of Policies and Procedures (the “Pruver Agreement”). To maintain active Pruver 

status and to be eligible for any commissions and/or bonuses, Pruvers must agree to the terms of 

the current Pruver Agreement, which Kio did. 

11. The Pruver Agreement, in pertinent part, prohibits a Pruver (such as Kio), during 

the term of the agreement and for a period of time following separation from Pruvit, from the 

following: 

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 4

▪ Promoting products for other companies that compete with products 

offered by Pruvit;

▪ Recruiting Pruvit promoters and customers for any other direct sales or 

network marketing business;

▪ Engaging in discourteous, deceptive, misleading, unethical or immoral 

conduct and practices in connection with Pruvit and its products and 

services; and

▪ Promoting non-Pruvit products or services on the same social media site 

as Pruvit’s products.

12. As Pruvers continue to rise within the ranks of Pruvit, they are eligible to be 

elevated to the Ownership Pool. With that elevation, the Pruver, such as Kio, agrees to the terms 

and conditions of the Promoter Ownership Pool Agreement in exchange for additional 

compensation (“Pool Agreement”). Under Pool Agreement, the Pruver agrees to the following:

▪ Promoter shall not directly or indirectly, or through an affiliate of under a 

contract with another entity, advertise, market, promote, accept orders for, sell, 

ship or distribute any products or services of any unrelated entity in the “Direct 

Sales/Network Marketing” space. 

▪ Promoter further agrees that for a one (1) year period, immediately following 

termination of this Agreement, Promoter shall not initiate contact with, recruit, 

solicit, sponsor, or induce or attempt to initiate contact with, recruit, solicit, 

sponsor, or induce, any Company customer or Promoter to leave the Company, 

cease being a customer or Promoter of Company, or participate in or become 

a Promoter or distributor of any other company, including without limitation 

Promotor’s business ventures. 

▪ Promoter further agrees not to disparage Pruvit. 

▪ Promoter further agrees that during the term of the Agreement and one (1) year 

period, immediately following termination of this Agreement, Promoter shall

not render advice or services to, assist, be engaged with, concern or have 

business dealings in the Direct Sales/Network Marketing space or any entity 

that markets, sells or distributes products that are food, beverage or dietary 

supplement products. 

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 5

13. Defendant Kio is a former Pruver whose relationship with Pruvit was terminated

on or about July 13, 2023. The Pruver Agreement and the Pool Agreement prohibit Defendant 

Kio from recruiting Pruvers or customers to engage with or become a promoter, customer or 

distributor for another company. 

14. Defendant Kio is actively engaging in efforts to promote and sell products of a

competitor company of Pruvit named Green Compass, Inc. (“Green Compass”). Green Compass 

develops and promotes wellness products competitive with those of Pruvit. 

15. Defendant breached section 12 of the Pool Agreement where Kio agreed that she

would not initiate contact with, recruit, solicit, sponsor or attempt to initiate contact with any 

customer or promoter of Pruvit for a year after her termination.

Section 12 of the Pool Agreement provides:

16. Defendant’s efforts are also a breach of paragraph 3.6 of the Pruver Agreement 

which prohibits the promotion of competitive products and the promotion of non-Pruvit products 

and services on the same social media sites as Pruvit’s products and services Paragraph 3.6 of the 

Pruver Agreement provides: 

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 6

3.6 SolicitationforOtherCompaniesorProducts

a. During the term of the Pruver Agreement and for six (6) months thereafter, a Pruvit Promoter may not

Solicit any fellow Pruvit Promoter or Active Customer for any Direct Sales or Network Marketing

business, unless that Promoter or Customer was personally Sponsored by such Promoter.

b. During the term of the Pruver Agreement, a Pruvit Promoter may not offer or sell Competing

Products or Solicit any fellow Pruvit Promoter or Active Customer for any Competing Product

opportunity, or any other Direct Sales/Network Marketing opportunity.

c. A Promoter is prohibited from Soliciting any fellow Pruvit Promoter or Customer for any non-Pruvit

opportunity at or immediately following any Pruvit-related meeting, event, seminar, convention, or

other forum of any kind, live or virtual (e.g. online chats, Pruvit Facebook Groups, live video streams,

etc.), that other Pruvit Promoters or Customers are known to be attending. A Promoter may also

not offer or sell any “swag” (clothing, accessories, shakers, etc.) at any such event without the prior

written authorization of Pruvit’s Compliance Department.

17. Defendant is aggressively recruiting Pruvit’s customers and promoters in further

violation of her contractual obligations to Pruvit. Defendant Kio engaged in this conduct prior to

and after the termination of her promoter relationships with Pruvit.

18. Defendant has recruited current Pruvers to join Green Compass via Facebook

posts, text messages, and face-to-face interactions. Defendant’s various online and social media 

accounts are replete with examples of such breaches. Defendant has posted videos promoting 

Green Compass over Pruvit and invited current Pruvers to participate and comment. For example:

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 7

19. Defendant is aware that the individuals they are recruiting away from Pruvit are 

subject to and bound by non-competition and confidentiality clauses in the Pruver Agreement and 

the Pool Agreement – the same contractual obligations that Defendant is bound to follow. Despite 

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

AND APPLICATION FOR TEMPORARY RESTRAINING ORDER,

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 8

such knowledge and awareness, Defendant has proceeded to actively solicit other Pruvers and 

encourage them to leave Pruvit and purchase and sell competing wellness products.

20. Pruvit recently became aware of Defendant’s improper and malicious efforts 

because some Pruvers have rebuffed Defendant. The full breadth of Defendant’s misconduct is 

unknown.

21. Defendant’s conduct constitutes a breach of the Pruver Agreement and the Pool 

Agreement. Defendant’s conduct also constitutes tortious interference with Plaintiff’s contracts, 

specifically the agreements with Plaintiff’s Pruvers and its current and future customers. There is 

also a reasonable probability Pruvit would have recruited and contracted with more Pruvers and 

customers had Defendants not breached their contractual obligations.

22. Discovery of Green Compass’ distributor and customer lists is expected to reveal 

Pruvers and Pruvit customers who were not only recruited, but left Pruvit, and joined Green 

Compass due to Defendant’s improper conduct. Pruvit also anticipates that upon the completion 

of its investigation, additional entities and/or individuals will be identified to have participated or 

conspired with Defendant in the misconduct made a subject of this suit.

V.

CAUSES OF ACTION

23. The factual allegations set forth in the foregoing paragraphs are incorporated herein 

by reference for all purposes as if set forth in full:

COUNT 1--BREACH OF CONTRACT

24. Pruvit and Defendant entered into the above-referenced Pruver Agreement and Pool 

Agreement. The Pruver Agreement and Pool Agreement specifically provide, in pertinent part, 

that Defendant is not to: (1) promote products for other companies that compete with products 

offered by Pruvit; (2) solicit Pruvit promoters and customers for any other direct sales or network 

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

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TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION Page 9

marketing business; (3) engage in discourteous, deceptive, misleading, unethical or immoral 

conduct and practices in connection with Pruvit and its products and services; and (4) promote 

non-Pruvit products or services on the same social media site as Pruvit’s products and services.

Pruvit performed under its agreements with Defendant by supplying her with services and products 

to sell and by giving her a platform to generate income.

25. Defendant Kio has breached the Pruver Agreement and Pool Agreement, by 

promoting and selling competitive products, including on the same social media site as those 

products and services of Pruvit, and recruiting other Pruvers for her own benefit and/or that of a 

competitor. Defendant further breached the Agreements by promoting and selling Green Compass 

products to current and former Pruvers and customers of Pruvit. Pruvit expects that more breaches 

will be revealed through discovery in this case.

26. As a result of these breaches, Pruvit has suffered harm, and will continue to suffer 

actual damage or loss, including lost profits, loss of good will and harm to customer relationships, 

and loss of future contracts and business prospects, all for which Defendant Kio is liable.

COUNT 2–TORTIOUS INTERFERENCE WITH EXISTING CONTRACTS

27. Pruvit was a party to valid contracts with third parties, including its Pruvers and 

customers.

28. Defendant Kio has willfully and intentionally interfered with those contracts by 

encouraging current Pruvers and customers of Pruvit to cease doing business with Pruvit. Pruvit 

fully expects that additional specific Pruvers and contracts will be revealed through discovery in 

this case. Defendant knew these third parties had contracts with Pruvit when she contacted them. 

Defendant’s interference with Pruvit’s contracts proximately caused Pruvit actual damages and 

losses. Moreover, Defendant’s interference has caused, and continued to cause, disruption to 

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Pruvit’s business.

COUNT 3– TORTIOUS INTERFERENCE WITH PROSPECTIVE RELATIONS

29. Additionally, there was a reasonable probability that Pruvit would have entered into 

contracts with Pruvers and customers, had Defendant Kio not intentionally interfered with the 

formation of those relationships. Defendant Kio intentionally interfered with those relationships. 

Defendant’s interference with Pruvit’s prospective contracts proximately caused Pruvit actual 

damages and losses, including loss of those contracts and sales generated therefrom. Moreover, 

Defendant Kio’s interference has caused, and continues to cause, disruption to Pruvit’s business.

VI.

APPLICATION FOR TEMPORARY RESTRAINING ORDER, 

TEMPORARY INJUNCTION, AND PERMANENT INJUNCTION

30. The factual allegations set forth in the foregoing paragraphs are incorporated herein 

by reference for all purposes as if set forth in full:

31. Pruvit’s Application for Temporary Restraining Order and Temporary Injunction 

is authorized by Sections 65.011(2) and (3) of the TEXAS CIVIL PRACTICE AND REMEDIES CODE.

32. Pruvit is likely to suffer permanent and irreparable harm if an injunction is not 

entered. There is no other adequate remedy at law and Pruvit seeks the equitable intervention of

this Court. Therefore, for the foregoing reasons as stated above in this Petition, Pruvit requests the 

Court issue a Temporary Restraining Order and Temporary Injunction immediately restraining and 

enjoining the conduct outlined in the preceding paragraphs.

33. Conduct to be Restrained. In order to preserve the status quo pending the final 

trial on the merits of this case, Pruvit asks this Court to issue a Temporary Restraining Order and 

Temporary Injunction to restrain and enjoin Defendant Kio, both directly and indirectly, as well 

as her respective agents, employees, servants, attorneys, representatives, affiliates, entities, 

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successors, and assigns, and any and all other persons and entities under their control and/or 

direction, or acting in active concert and participation with them, from engaging in any of the 

following:

a. Inducing, in any manner, any existing customer of Pruvit to terminate 

his/her/its business relationship with Pruvit;

b. Inducing, in any manner, any existing promoter of Pruvit to terminate 

his/her/its business relationship with Pruvit;

c. Inducing, in any manner, any existing promoter of Pruvit to violate or 

breach the terms of his/her/its Pruver Agreement;

d. Directly or indirectly recruiting, in any manner, any other Pruvit 

promoters and customers for any other direct sales or network marketing 

business;

e. Promoting, in any manner, non-Pruvit products or services on any social 

media sites or platforms used to promote Pruvit’s products previously;

f. Directly or indirectly disclosing or otherwise using, in any manner, any 

confidential and/or proprietary information relating to Pruvit or any of 

its products and services; and

g. Promoting or marketing Green Compass’ products, to existing 

customers and promoters of Pruvit.

34. Plaintiff is Likely to Succeed on the Merits. Pruvit has a probable right to relief 

upon final hearing. In particular, Pruvit will present evidence of Defendant Kio’s breach of and 

interference with contracts and evidence of causation and the extent of Pruvit’s damages.

35. Harm to Plaintiff is Imminent and Irreparable. Harm to Pruvit is imminent and 

irreparable. Defendant Kio’s conduct is ongoing and has caused and will continue to cause 

irreparable harm to Pruvit. The damage to Pruvit’s reputation and that of its products, as well as 

the continuing disruption caused by Defendant Kio to Pruvit’s business is immeasurable. 

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Moreover, so long as Defendant Kio conduct continues, it will be impossible to identify and 

calculate the extent of the harm to Pruvit and quantify Pruvit’s damages.

36. No Adequate Remedy at Law. In the absence of injunctive relief, Pruvit has no 

adequate remedy at law. Breach of non-compete, non-disclosure, and non-solicitation agreements 

is the epitome of irreparable harm justifying injunctive relief. Further, Defendant is not a Texas 

resident and upon information and belief lacks property or assets in Texas sufficient to satisfy a 

judgment for damages. It is essential that the Court immediately restrain Defendant Kio from 

continuing the conduct described herein. Pruvit is willing to post a bond in accordance with TEX.

R. CIV. P. 684.

37. Hearing. In compliance with the TEXAS RULES OF CIVIL PROCEDURE, Pruvit is 

entitled to a hearing providing the relief requested above to give it an opportunity to be heard by 

the Court. Pruvit requests that the Court set a hearing to consider whether temporary injunctive 

relief should be granted pending a trial on the merits.

38. Permanent Injunctive Relief. Pruvit further pleads for a permanent injunction, 

enjoining Defendant Kio from engaging in the above acts for the appropriate time period as agreed 

by the parties, following a trial of this cause.

VII.

CONDITIONS PRECEDENT

39. All conditions precedent to Pruvit’s right to bring the above causes of action, and 

for recovery requested herein, have been performed, excused, or otherwise already occurred.

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VIII.

EXEMPLARY DAMAGES

40. Pruvit is entitled to exemplary damages for Defendant Kio’s intentional conduct, 

because such acts were committed with that level of mental culpability for which Texas law allows 

a jury to impose punitive damages. Pruvit seeks an award of such damages.

IX.

ATTORNEY FEES

41. Pruvit seeks the recovery of attorney’s fees pursuant to TEX CIV. PRAC. & REM.

CODE § 38.001.

X.

PRAYER

40. Pruvit therefore requests that Defendant Casey Kio be cited to appear and answer, 

and that upon final hearing, Pruvit be awarded the following:

(1) A Temporary Restraining Order, Temporary Injunction, and Permanent Injunction 

be issued restraining and enjoining Defendant Kio, both directly and indirectly, as 

well as her respective agents, employees, servants, attorneys, representatives, 

affiliates, entities, successors, and assigns, and any and all other persons and entities 

under their control and/or direction, or acting in active concert and participation 

with them, from the conduct described herein;

(2) Pruvit be granted judgment against Defendant Casey Kio for damages within the 

jurisdictional limits of this Court;

(3) Defendant Casey Kio be disgorged of any profits obtained because of the subject 

breaches and improper conduct referenced herein;

(4) Pruvit be granted judgment against Defendant Casey Kio for exemplary damages 

within the jurisdictional limits of this Court;

(5) Pruvit be granted judgment against Defendant Casey Kio for reasonable and 

necessary attorney’s fees, costs of suit, and pre- and post-judgment interest; and

(6) Pruvit be granted such other relief, at law or in equity, as is just and proper.

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PLAINTIFF PRUVIT VENTURES, INC.’S VERIFIED ORIGINAL PETITION

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Respectfully submitted,

SCHEEF & STONE, LLP

 

BYRON K. HENRY

State Bar No. 24008909

byron.henry@solidcounsel.com

KELLY E. KLEIST

State Bar No. 24046229

kelly.kleist@solidcounsel.com

2600 Network Blvd., Suite 400

Frisco, Texas 75034

Tel.: (214) 472-2100

Fax: (214) 472-2150 

ATTORNEYS FOR PLAINTIFF

PRUVIT VENTURES, INC.

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Automated Certificate of eService

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on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Katie Branch on behalf of Byron Henry

Bar No. 24008909

katie.branch@solidcounsel.com

Envelope ID: 78294617

Filing Code Description: Plaintiff's Original Petition (OCA)

Filing Description: Plaintiff Pruvit Ventures, Inc.'s Verified Original Petition

and Application for Temporary Restraining Order, Temporary Injunction,

and Permanent Injunction

Status as of 8/8/2023 10:04 AM CST

Associated Case Party: Pruvit Ventures, Inc.

Name

Byron K.Henry

Kelly Kleist

Melissa Diaz

BarNumber Email

byron.henry@solidcounsel.com

Kelly.Kleist@solidcounsel.com

melissa.diaz@solidcounsel.com

TimestampSubmitted

8/8/2023 9:15:06 AM

8/8/2023 9:15:06 AM

8/8/2023 9:15:06 AM

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Case Contacts

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TimestampSubmitted

8/8/2023 9:15:06 AM

Status

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TEMPORARY RESTRAINING ORDER 1

CAUSE NO. _________________

PRUVIT VENTURES, INC., §

§

 IN THE DISTRICT COURT 

Plaintiff, §

§

v. § ____ JUDICIAL DISTRICT

§

CASEY KIO, §

§

§

§

Defendant. § COLLIN COUNTY, TEXAS

TEMPORARY RESTRAINING ORDER

On this day came on to be heard the application of Plaintiff, Pruvit Ventures, Inc., for a 

Temporary Restraining Order, requesting that the Court grant injunctive relief against Defendant

Casey Kio ("Defendant"). The Court, having considered Plaintiff’s Original Petition and 

Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction, 

and the arguments presented, enters the following findings and orders:

The Court finds that it will be impossible to accurately measure in monetary terms the

damages caused by Defendant’s ongoing conduct. The Court finds that Plaintiff has been injured 

by Defendant’s actions made the subject of Plaintiff’s Original Petition, and without the issuance 

of this Order, Plaintiff will continue to suffer immediate and irreparable injury, loss, or damage if 

Defendant's conduct described therein is not enjoined. Specifically, Defendant’s misconduct 

includes actively engaging in efforts, as recently as this month, to promote and sell products of a 

competitor, recruiting other Pruvit representatives and customers to a competitor, and promoting 

competitive products and services, violating her respective Pruver Agreement and Pool 

Agreement. 

The Court finds that Plaintiff has demonstrated a likelihood of success of prevailing

Filed: 8/9/2023 8:20 AM

Michael Gould

District Clerk

Collin County, Texas

By Kathy Richardson Deputy

Envelope ID: 78337789

471-04329-2023

471st

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TEMPORARY RESTRAINING ORDER 2

on the merits with respect to its claim against Defendant in this lawsuit, and that Plaintiff does

not have an adequate remedy at law because monetary damages alone will not sufficiently redress

Plaintiff's injuries and losses in this lawsuit, which also include losses and damages to Pruvit's

network or representatives. The Court finds that the injury to Plaintiff, if Defendant continues the

conduct described in Plaintiff's Original Petition, would outweigh any injury the restraining order

and injunction might cause Defendant, and issuance of the restraining order and injunction

would not disserve the public interest.

IT IS THEREFORE ORDERED that from the date of the entry of this Order, Defendant, her 

respective agents, attorneys, representatives, affiliates, and assigns, and any and all other persons

under their control and/or direction, or acting in active concert and participation with Defendant,

who receive actual notice of this Order by personal service or otherwise, are hereby restrained and

enjoined fromdirectly orindirectly:

a. Inducing, in any manner, any existing customer of Pruvit to terminate 

his/her/its business relationship with Pruvit;

b. Inducing, in any manner, any existing promoter of Pruvit to terminate 

his/her/its business relationship with Pruvit;

c. Inducing, in any manner, any existing promoter of Pruvit to violate or 

breach the terms of his/her/its Pruver Agreement;

d. Directly or indirectly recruiting, in any manner, any other Pruvit 

promoters and customers for any other direct sales or network marketing 

business;

e. Engaging, or attempting to engage, in any transactions relating to the 

business of Pruvit, including any soliciting, promotion or selling of 

health and wellness products with a company other than Pruvit; and

f. Promoting, in any manner, non-Pruvit products or services on any social 

media sites or platforms used to promote Pruvit’s products previously;

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TEMPORARY RESTRAINING ORDER 3

g. Directly or indirectly disclosing or otherwise using, in any manner, any 

confidential and/or proprietary information relating to Pruvit or any of 

its products and services; and

h. Promoting or marketing Green Compass Inc.’s products, to existing 

customers and promoters of Pruvit.

IT IS FURTHER ORDERED that this Order shall become effective on the condition that 

Plaintiff posts a bond in the sum of $_________ properly conditioned and securing the payment 

of such damages not to exceed said sum as may be suffered or sustained by the party who is found 

to have been wrongfully restrained. 

IT IS FURTHER ORDERED that a hearing on Plaintiff’s application for temporary 

injunction will be held before this Court on the ______ day of ________, 2023 at _______o’clock 

__m. unless continued by Order of the Court. Defendant is hereby put on notice that failure to 

attend the hearing shall result in immediate issuance of a temporary injunction, which shall be 

deemed to take effect immediately upon the expiration or dissolution of this Order and shall extend 

during the pendency of this action the same injunctive relief previously granted by this Order. 

This Order shall expire on ________ day of ___________, 2023 at _______ o’clock 

____m. 

SIGNED this ______ day of August, 2023, at ________ ___.m. 

___________________________

JUDGE PRESIDING

500.00

23rd August 1:00

p.

the 23rd August 1:00

p.

9th 10:57 a

Case 4:23-cv-00796-ALM Document 2 Filed 09/07/23 Page 20 of 25 PageID #: 51
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Envelope ID: 78337789

Filing Code Description: Proposed Order

Filing Description: TRO

Status as of 8/9/2023 11:38 AM CST

Associated Case Party: Pruvit Ventures, Inc.

Name

Byron K.Henry

Melissa Diaz

Kelly Kleist

BarNumber Email

byron.henry@solidcounsel.com

melissa.diaz@solidcounsel.com

Kelly.Kleist@solidcounsel.com

TimestampSubmitted

8/9/2023 8:20:19 AM

8/9/2023 8:20:19 AM

8/9/2023 8:20:19 AM

Status

SENT

SENT

SENT

Case Contacts

Name

Jenifer Grace

Katie Branch

BarNumber Email

filings@gracefirm.com

katie.branch@solidcounsel.com

TimestampSubmitted

8/9/2023 8:20:19 AM

8/9/2023 8:20:19 AM

Status

SENT

SENT

Case 4:23-cv-00796-ALM Document 2 Filed 09/07/23 Page 21 of 25 PageID #: 52
TEMPORARY RESTRAINING ORDER 1

CAUSE NO. _________________

PRUVIT VENTURES, INC., §

§

 IN THE DISTRICT COURT 

Plaintiff, §

§

v. § ____ JUDICIAL DISTRICT

§

CASEY KIO, §

§

§

§

Defendant. § COLLIN COUNTY, TEXAS

TEMPORARY RESTRAINING ORDER

On this day came on to be heard the application of Plaintiff, Pruvit Ventures, Inc., for a 

Temporary Restraining Order, requesting that the Court grant injunctive relief against Defendant

Casey Kio ("Defendant"). The Court, having considered Plaintiff’s Original Petition and 

Application for Temporary Restraining Order, Temporary Injunction, and Permanent Injunction, 

and the arguments presented, enters the following findings and orders:

The Court finds that it will be impossible to accurately measure in monetary terms the

damages caused by Defendant’s ongoing conduct. The Court finds that Plaintiff has been injured 

by Defendant’s actions made the subject of Plaintiff’s Original Petition, and without the issuance 

of this Order, Plaintiff will continue to suffer immediate and irreparable injury, loss, or damage if 

Defendant's conduct described therein is not enjoined. Specifically, Defendant’s misconduct 

includes actively engaging in efforts, as recently as this month, to promote and sell products of a 

competitor, recruiting other Pruvit representatives and customers to a competitor, and promoting 

competitive products and services, violating her respective Pruver Agreement and Pool 

Agreement. 

The Court finds that Plaintiff has demonstrated a likelihood of success of prevailing

Filed: 8/9/2023 8:20 AM

Michael Gould

District Clerk

Collin County, Texas

By Kathy Richardson Deputy

Envelope ID: 78337789

471-04329-2023

471st

Case 4:23-cv-00796-ALM Document 2 Filed 09/07/23 Page 22 of 25 PageID #: 53
TEMPORARY RESTRAINING ORDER 2

on the merits with respect to its claim against Defendant in this lawsuit, and that Plaintiff does

not have an adequate remedy at law because monetary damages alone will not sufficiently redress

Plaintiff's injuries and losses in this lawsuit, which also include losses and damages to Pruvit's

network or representatives. The Court finds that the injury to Plaintiff, if Defendant continues the

conduct described in Plaintiff's Original Petition, would outweigh any injury the restraining order

and injunction might cause Defendant, and issuance of the restraining order and injunction

would not disserve the public interest.

IT IS THEREFORE ORDERED that from the date of the entry of this Order, Defendant, her 

respective agents, attorneys, representatives, affiliates, and assigns, and any and all other persons

under their control and/or direction, or acting in active concert and participation with Defendant,

who receive actual notice of this Order by personal service or otherwise, are hereby restrained and

enjoined fromdirectly orindirectly:

a. Inducing, in any manner, any existing customer of Pruvit to terminate 

his/her/its business relationship with Pruvit;

b. Inducing, in any manner, any existing promoter of Pruvit to terminate 

his/her/its business relationship with Pruvit;

c. Inducing, in any manner, any existing promoter of Pruvit to violate or 

breach the terms of his/her/its Pruver Agreement;

d. Directly or indirectly recruiting, in any manner, any other Pruvit 

promoters and customers for any other direct sales or network marketing 

business;

e. Engaging, or attempting to engage, in any transactions relating to the 

business of Pruvit, including any soliciting, promotion or selling of 

health and wellness products with a company other than Pruvit; and

f. Promoting, in any manner, non-Pruvit products or services on any social 

media sites or platforms used to promote Pruvit’s products previously;

Case 4:23-cv-00796-ALM Document 2 Filed 09/07/23 Page 23 of 25 PageID #: 54
TEMPORARY RESTRAINING ORDER 3

g. Directly or indirectly disclosing or otherwise using, in any manner, any 

confidential and/or proprietary information relating to Pruvit or any of 

its products and services; and

h. Promoting or marketing Green Compass Inc.’s products, to existing 

customers and promoters of Pruvit.

IT IS FURTHER ORDERED that this Order shall become effective on the condition that 

Plaintiff posts a bond in the sum of $_________ properly conditioned and securing the payment 

of such damages not to exceed said sum as may be suffered or sustained by the party who is found 

to have been wrongfully restrained. 

IT IS FURTHER ORDERED that a hearing on Plaintiff’s application for temporary 

injunction will be held before this Court on the ______ day of ________, 2023 at _______o’clock 

__m. unless continued by Order of the Court. Defendant is hereby put on notice that failure to 

attend the hearing shall result in immediate issuance of a temporary injunction, which shall be 

deemed to take effect immediately upon the expiration or dissolution of this Order and shall extend 

during the pendency of this action the same injunctive relief previously granted by this Order. 

This Order shall expire on ________ day of ___________, 2023 at _______ o’clock 

____m. 

SIGNED this ______ day of August, 2023, at ________ ___.m. 

___________________________

JUDGE PRESIDING

500.00

23rd August 1:00

p.

the 23rd August 1:00

p.

9th 10:57 a

Case 4:23-cv-00796-ALM Document 2 Filed 09/07/23 Page 24 of 25 PageID #: 55
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Envelope ID: 78337789

Filing Code Description: Proposed Order

Filing Description: TRO

Status as of 8/9/2023 11:38 AM CST

Associated Case Party: Pruvit Ventures, Inc.

Name

Byron K.Henry

Melissa Diaz

Kelly Kleist

BarNumber Email

byron.henry@solidcounsel.com

melissa.diaz@solidcounsel.com

Kelly.Kleist@solidcounsel.com

TimestampSubmitted

8/9/2023 8:20:19 AM

8/9/2023 8:20:19 AM

8/9/2023 8:20:19 AM

Status

SENT

SENT

SENT

Case Contacts

Name

Jenifer Grace

Katie Branch

BarNumber Email

filings@gracefirm.com

katie.branch@solidcounsel.com

TimestampSubmitted

8/9/2023 8:20:19 AM

8/9/2023 8:20:19 AM

Status

SENT

SENT

Case 4:23-cv-00796-ALM Document 2 Filed 09/07/23 Page 25 of 25 PageID #: 56