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CAUSE NO. Jf -J-TJ5fcq-!tf
INTHINC TECHNOLOGY SOLUTIONS, § IN THE DISTRICT COURT OF
INC., §
§
Plaintiff, §
§ TARRANT COUNTY, TEXAS
v. §
§
MIX TELEMATICS NORTH AMEIUCA, §
INC., a Texas corporation, §
§ L_/? .JUDICIAL DISTRICT
Defendant.
TEMPORARY RESTRAINING ORDER
On this day came to be heard Plaintiff inthinc Technology Solutions, Inc.'s ("Plaintiff'
or "INTHINC") Application for Temporary Restraining Order ("TRO Application") filed
against Defendant MiX Telematics North America, Inc., a Texas Corporation ("Defendant" or
"MiX").
Based on the facts set forth in the TRO Application and the affidavit and evidence
supporting same, the Court finds that there is a reasonable likelihood that Plaintiff will prevail on
its causes of action, that there is no adequate remedy at law, and that the potential harm to
INTHINC is imminent unless a Temporary Restraining Order is issued. Based on the facts set
forth in the TRO Application and the anidavit and evidence in support of the same, unless
Defendant is restrained as required herein, Defendant will commit improper acts.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this Temporary
Restraining Order is hereby issued.
TEMPORARY RESTRAINING ORDER PAGE -I
MJJDocs52JG9!6_Il3253.10
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant, its
officers, agents, servants, employees and attorneys, and all person m active concert or
participation with MiX, shall be and are hereby immediately enjoined and restrained from
conducting the following acts:
1. J;lnf'l&) ittg VI eontiH'tiiHg tg emp 1oy Cbirles ''Skip" lGJtfbtd ( 'Kinfot d") itl dliJ
capacity,
2. Effif3lsyiHg gr contjnujng to employ KiR£QrQ i:R DsWFJ8aiit':t Oil aHa Gas eli. isisR;
] Employing or coRtiR:wiRg te eutploy IGnfotd in any capacity whatsoc ccr in ttH)
leetttiem nhcrc IHTIIIN·c is conducting business,
~- Ha"iRg or 'liiOn'iRg K.iRfsfel ta contact any cotfl~anies 011 tvtiJCs beLalf fQr ·my
teason,
~- Ilthing or allowing KinftHd te notk on or in
a..;;sist a11y nay n'ith aRy effsFts to scJJ
telenmtics to any con1pany,
6. Having or allowing Kinford to work on or assist in any way with sales of telcmatics
to any INTHINC customer;
7. Having or allowing Kinford to work on or assist in any way with sales of tclematics
to any potentiai!NTHINC oil & gas customer of which Kinford had knowledge;
8. Having or allowing Kinford to work with, communicate with, or assist in any way
any other MiX employee, agent or representative related to anyA~ oil and gas
customers or potential customers,A_ 1
,.. Dtlir. I NT II-IN~
"f u>~c.h K.inft. r of the .L\i~ Judicial District Court
of Tarrant County, Texas on ~ d,(p , 2014, at _,_/--'-O_ _ o'clock,C\,.m.
IT IS FURTHER ORDERED that the Clerk of the above-titled Court shall forthwith,
on the filing by Plaintiff of the bond hereafter required, and on approving the same according to
the law, issue a Temporary Restraining Order in conformity with the law and the terms of this
Order.
IT IS FURTHER ORDERED that this Order shall not be efJectivc unless and until
Plaintiff executes and files with the Clerk a Bond or makes a cash deposit, in confonnity with the
';~:,;::;:.~~;;;:;~;~
TEMPORARY RESTRAINING ORDER PAGE -4
Ml!Docs5216916_113253.JO
This Order is binding upon Defendant and his agents, employees, and persons in active
concert of participation with him who receive actual notice of this Temporary Restraining Order
by personal service or otherwise.
Pursuant to Rule 680 of the Texas Rules of Civil Procedure, this order shall expire at
midnight on the 14'h calendar day after the date that this order is signed.
SIGNED this ~ay of June, 2014, at f': /S' · o'clock, ?m.
~~~~
TEMPORARY RESTRAINING ORDER PAGE -5
MHD
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CAUSE NO. Jf -J-TJ5fcq-!tf INTHINC TECHNOLOGY SOLUTIONS, § IN THE DISTRICT COURT OF INC., § § Plaintiff, § § TARRANT COUNTY, TEXAS v. § § MIX TELEMATICS NORTH AMEIUCA, § INC., a Texas corporation, § § L_/? .JUDICIAL DISTRICT Defendant. TEMPORARY RESTRAINING ORDER On this day came to be heard Plaintiff inthinc Technology Solutions, Inc.'s ("Plaintiff' or "INTHINC") Application for Temporary Restraining Order ("TRO Application") filed against Defendant MiX Telematics North America, Inc., a Texas Corporation ("Defendant" or "MiX"). Based on the facts set forth in the TRO Application and the affidavit and evidence supporting same, the Court finds that there is a reasonable likelihood that Plaintiff will prevail on its causes of action, that there is no adequate remedy at law, and that the potential harm to INTHINC is imminent unless a Temporary Restraining Order is issued. Based on the facts set forth in the TRO Application and the anidavit and evidence in support of the same, unless Defendant is restrained as required herein, Defendant will commit improper acts. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this Temporary Restraining Order is hereby issued. TEMPORARY RESTRAINING ORDER PAGE -I MJJDocs52JG9!6_Il3253.10 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant, its officers, agents, servants, employees and attorneys, and all person m active concert or participation with MiX, shall be and are hereby immediately enjoined and restrained from conducting the following acts: 1. J;lnf'l&) ittg VI eontiH'tiiHg tg emp 1oy Cbirles ''Skip" lGJtfbtd ( 'Kinfot d") itl dliJ capacity, 2. Effif3lsyiHg gr contjnujng to employ KiR£QrQ i:R DsWFJ8aiit':t Oil aHa Gas eli. isisR; ] Employing or coRtiR:wiRg te eutploy IGnfotd in any capacity whatsoc ccr in ttH) leetttiem nhcrc IHTIIIN·c is conducting business, ~- Ha"iRg or 'liiOn'iRg K.iRfsfel ta contact any cotfl~anies 011 tvtiJCs beLalf fQr ·my teason, ~- Ilthing or allowing KinftHd te notk on or in a..;;sist a11y nay n'ith aRy effsFts to scJJ telenmtics to any con1pany, 6. Having or allowing Kinford to work on or assist in any way with sales of telcmatics to any INTHINC customer; 7. Having or allowing Kinford to work on or assist in any way with sales of tclematics to any potentiai!NTHINC oil & gas customer of which Kinford had knowledge; 8. Having or allowing Kinford to work with, communicate with, or assist in any way any other MiX employee, agent or representative related to anyA~ oil and gas customers or potential customers,A_ 1 ,.. Dtlir. I NT II-IN~ "f u>~c.h K.inft. r of the .L\i~ Judicial District Court of Tarrant County, Texas on ~ d,(p , 2014, at _,_/--'-O_ _ o'clock,C\,.m. IT IS FURTHER ORDERED that the Clerk of the above-titled Court shall forthwith, on the filing by Plaintiff of the bond hereafter required, and on approving the same according to the law, issue a Temporary Restraining Order in conformity with the law and the terms of this Order. IT IS FURTHER ORDERED that this Order shall not be efJectivc unless and until Plaintiff executes and files with the Clerk a Bond or makes a cash deposit, in confonnity with the ';~:,;::;:.~~;;;:;~;~ TEMPORARY RESTRAINING ORDER PAGE -4 Ml!Docs5216916_113253.JO This Order is binding upon Defendant and his agents, employees, and persons in active concert of participation with him who receive actual notice of this Temporary Restraining Order by personal service or otherwise. Pursuant to Rule 680 of the Texas Rules of Civil Procedure, this order shall expire at midnight on the 14'h calendar day after the date that this order is signed. SIGNED this ~ay of June, 2014, at f': /S' · o'clock, ?m. ~~~~ TEMPORARY RESTRAINING ORDER PAGE -5 MHD