Motion-Secondary: MARY KAY INC. vs. xxxxx xxxxx xxxxxxx

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                                CAUSE NO. DC-18-05560

                   MARY KAY INC.,                                          §         IN THE DISTRICT COURT OF
                                                                           §
                            Plaintiff,                                     §
                                                                           §
                   v.                                                      §            DALLAS COUNTY, TEXAS
                                                                           §
                   xxxxx xxxxx xxxxxxx,                                    §
                                                                           §
                            Defendant.                                     §           116TH    JUDICIAL DISTRICT

                                                                                                                              ______

                                                  TEMPORARY RESTRAINING ORDER


                           Before the Court is Plaintiff Mary Kay Inc.’s (“Mary Kay”) Application for a Temporary

                  Restraining    Order   (“the  Application”).    Upon    consideration    of  the  Application    for a  Temporary

                  Restraining Order and the applicable authorities, this Court finds that Mary Kay is likely to prevail

                  on the merits of its claims and will suffer imminent, irreparable injury with no adequate remedy at

                  law, unless Defendant xxxxx xxxxx xxxxxxx (“xxxxxxx”) is immediately and temporarily enjoined.

                           IT IS HEREBY ORDERED that Defendant xxxxx xxxxx xxxxxxx, her agents, servants,

                  employers, employees, attorneys and all persons or entities acting in concert or participation with

                  her are prohibited from engaging in the following actions:

                           a)       Promoting,     distributing,   or  selling   to  other   members     of  the  Mary     Kay   sales
                                    organization in the United States of America any products or services which are not
                                    produced, sold, or endorsed in writing by Mary Kay;

                           b)       Recruiting, directly or indirectly Mary Kay Beauty Consultants, Sales Directors, or
                                    National Sales Directors in the United States of America to sell products or services
                                    other than those sold by Mary Kay, or to use or permit any other person to use any
                                    names, mailing lists, or other information which xxxxxxx has obtained during her
                                    association with Mary Kay for recruiting or for promotion of the sale of any other
                                    company’s products or services;



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                           c)       Soliciting   or   inducing,    directly   or  indirectly,   any   Sales   Director    or  Beauty
                                    Consultant to terminate their business relationship with Mary Kay, whether such
                                    solicitation or inducement be for xxxxxxx’s own account or that of others;

                           d)       Seeking,    receiving    or  accepting,    directly   or  indirectly,   any   fee,  commission,
                                    override commission, financial benefit, contract right, monetary or non-monetary
                                    reward    or  other   form   of  compensation      from    any   other  company      or  business
                                    organization based on or associated with the solicitation, recruitment, enrollment,
                                    or association by employment, contract, or otherwise for such company or business
                                    organization of any person whom xxxxxxx knows or has reason to believe is then
                                    under contract as a member of the Mary Kay sales organization.

                           The   Court   finds   that  the  requirements     of  TEXAS    RULE    OF  CIVIL   PROCEDURE       683  are

                  satisfied with respect to the entry of this Injunction.

                           The Court finally ORDERS that this case is set for a hearing on Mary Kay’s Application

                  for a  Temporary Injunction on ________________________________________, 2018, and                               the

                  amount of security to be given is set at $___________. This temporary restraining order expires

                  in 14 days.


                           IT IS SO ORDERED this ____ day of May, 2018.




                                                                        The Honorable Tonya Parker




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