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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

AUDIO-VIDEO DISTRIBUTORS, 

a division of RON ROSE PRODUCTIONS, 

LTD, a Michigan corporation, 

 Case No. 2:09-cv-10574 

Plaintiff, 

 Hon. George C. Steeh 

v. 

ASBURY G. LEMMON, 

Defendant. 

________________________________/ 

ANDREW J. MUNRO (P30304) 

ANDREW M. ZACK (P27427) 

HOWARD AND HOWARD PLLC 

Attorneys for Plaintiff 

450 West Fourth Street 

Royal Oak, Michigan 48067 

(248) 645-1483 

________________________________/ 

PRELIMINARY INJUNCTION

THIS MATTER having come before the Court on Plaintiff's motion for a temporary 

restraining order and order to show cause; this Court having reviewed Plaintiff’s Verified 

Complaint, Motion and brief and having heard the argument of counsel for the parties at a hearing 

held on February 19, 2009; and this Court having determined that: 

1. Plaintiff has established the requirements for an injunction: (a) Plaintiff is likely 

to succeed on the merits of its claims; (b) Plaintiff has no adequate remedy at law and will suffer 

immediate and irreparable harm if temporary injunction relief is not granted; (c) given the 

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limited nature of the relief, Defendant will suffer no harm if this restraining order is granted; and 

(d) the public interest is served by preserving the confidentiality of Plaintiff’s information, which 

should not be in the possession of Defendant. 

 2. Defendant has represented that he has not retained, kept, used or disclosed to any 

other person or entity, including, but not limited to, The Tape Company, Inc. or any of its parents, 

subsidiaries or affiliates and the persons employed by them, any trade secrets, confidential 

information or proprietary information of AVD, including, but not limited to, Plaintiff’s 

customer price quotations, pricing information, customer lists and other confidential customer 

information. 

 3. This Court has determined that a preliminary injunction should issue immediately. 

IT IS HEREBY ORDERED that Defendant and those persons in active concert or 

participation with him who receive actual notice of this preliminary injunction by personal service 

or otherwise shall immediately cease: 

(1) using or disclosing any trade secrets, confidential information or proprietary 

information of AVD, including, but not limited to, Plaintiff’s customer price 

quotations, pricing information, customer lists and other confidential customer 

information; 

(2) in the States of Michigan, Ohio, Indiana, Kentucky and Pennsylvania, competing 

with and contacting or soliciting any existing AVD customers until January 5, 

2010; 

(3) in the remaining forty-five (45) States, initiating contact with any existing AVD 

customers, with the exception of customers who have bought competing products 

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from The Tape Company, Inc. during the past eighteen (18) months, until January 

5, 2010; and 

(4) Defendant shall not solicit or further contact AVD customers who call him at the 

telephone number, 843-576-4541, but who intended to contact AVD. 

IT IS FURTHER ORDERED that Defendant shall deliver to AVD at its Wixom, 

Michigan office within 48 hours of entry of this Court’s preliminary injunction, all of AVD’s 

trade secrets, confidential information or proprietary information of AVD, including, but not 

limited to, Plaintiff’s customer price quotations, pricing information, customer lists and other 

confidential customer information, whether in written form or electronically stored, that he has in 

his possession. 

IT IS FURTHER ORDERED that Defendant shall cancel and cease use of the telephone 

number, 843-576-4541 by March 31, 2009 and submit proof of such cancellation and cessation 

to counsel for Plaintiff, along with copies of the monthly telephone bills or other records he 

receives from his telephone service provider for that telephone number for the months of 

January, February and March, 2009. 

IT IS FURTHER ORDERED that this Order shall remain in full force and effect until the 

trial of this matter or until the Court specifically orders otherwise. 

IT IS FURTHER ORDERED that because Plaintiff seeks limited injunctive relief which 

will not interfere with Defendant’s ability to fairly compete in the marketplace, no security is 

required under Fed. R. Civ. P. 65(c). 

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This Order is entered on March 10, 2009. 

IT IS SO ORDERED. 

 s/George Caram Steeh 

 UNITED STATES DISTRICT JUDGE 

APPROVED AS TO FORM ONLY: 

/s/ Andrew M. Zack /s/ David S. Argentar

Andrew J. Munro (P3034) David S. Argentar 

Andrew M. Zack (P27427) Chuhak & Tecson, P.C. 

Howard and Howard Attorneys PLLC Attorney for Defendant 

Attorneys for Plaintiff 

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