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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

 Having considered the parties’ joint motion for entry of a stipulated order of 

permanent injunction, 

IT IS ORDERED: 

1. That the Joint Motion (Doc. 107) is granted, and pursuant to the parties’ 

stipulation, an order of permanent injunction is issued and entered as follows: 

(a) Defendants Alternate 36, Inc., Kenneth Ramirez, and Lauren Murphy 

(collectively “Defendants”) are enjoined from developing, creating, emulating, or 

reproducing any technology that includes confidential source code from Plaintiff’s 

Interchange Optimizer that existed from the time it was created up until February 27, 

2015; 

(b) Defendants are enjoined from utilizing Plaintiff’s optimization codes, 

rules, or programming automate data field content for the purpose of lowering the 

interchange rate for merchants that were developed by Plaintiff as of February 27, 2015; 

(c) Defendants are enjoined from utilizing, using, or partnering with a 

Sparrowone, LLC, 

 

Plaintiff, 

vs. 

Alternate 36, Inc., et al., 

Defendants. 

 

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No. CV-15-02609-PHX-SPL

ORDER 

Case 2:15-cv-02609-SPL Document 108 Filed 01/30/17 Page 1 of 3
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third party to engage in activities that Defendants would otherwise be prohibited from 

doing directly under Paragraphs (a) and (b) above;1

(d) Defendants are enjoined from accessing, copying, distributing, 

disclosing, or using, directly or indirectly, through any means whatsoever, any 

information obtained from the comprehensive client database created and maintained by 

Plaintiff on salesforce.com up until January of 2015, which included client specific 

pricing arrangements, future meeting dates, account preferences, due dates, 

communication logs, unique client requests, and the name, personality characteristics, 

hobbies, interests, and contact information of the clients’ top-level executives 

(“Plaintiff’s Confidential Client Database”) except to the extent that information is 

available through independent sources or the public domain; 

(e) Defendants shall return any copies of Plaintiff’s Confidential Client 

Database (or portions thereof) that are discovered to be in their possession; 

2. That, by stipulating to this order of permanent injunction, Defendants do 

not admit any violation or wrongdoing and retain all rights and defenses to the claims 

asserted against them in this lawsuit; 

3. That this stipulated order of permanent injunction shall remain in effect 

until November 29, 2023 or until otherwise ordered by the court; 

4. That, the parties having reach a settlement in this case and the stipulated 

order of permanent injunction having been entered, this action is dismissed with 

prejudice; 

5. That each party shall bear its own costs and attorneys’ fees; and 

/ / / 

/ / / 

 1

 Defendants are not precluded from partnering with a third party to use or implement an existing or independently created product or service that may include any kind of interchange optimization technology, but are enjoined from disclosing, directly or indirectly, confidential information about Plaintiff’s Interchange Optimizer that would 

allow that third party or the Defendants to modify their products/services to incorporate said alleged confidential information to enhance their programs. 

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6. That the Clerk of Court shall terminate this action. 

 Dated this 30th day of January, 2017.

Honorable Steven P. Logan

United States District Judge

Case 2:15-cv-02609-SPL Document 108 Filed 01/30/17 Page 3 of 3