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CauseNo. , 2 C Zq “OB 03$
JEREMY MAI’ALE, INDIVIDUALLY AND IN THE DISTRICT COURT
DERIVATIVELY 0N BEHALF 0E
LEGACY INTEGRATED TECHNOLOGIES ‘
COMPANY,
Plaintz'fl
JUDICIAL DISTRICT
V.
CHRISTOPHER Ross, BRENDA ROSS,
AND WILLOW SECURITY LLC,
(
Defendants DALLAS COUNTY, TEXAS
Ex Parte Temporary Restraining Order
On this day, the Court considered Plaintiff Jeremy Maiale’s Verified-Original Petition and
Ex Parte Application for Temporary Restraining Order, Temporary. Injunction, and Permanent In-
junction filed June 7, 2024 (the “Application”), brought both in his individual capacity and deriv-
.
atively on behalf of Legacy Integrated Technologies Company (“Legacy”).'
The Application seeks to enjoin Defendants Christopher Ross, Brenda Ross, and Willow
Security LLC. Based on the sworn facts set forth in the Application, and upon consideration of the
arguments of counsel, the Court finds as follows:
. 1. Plaintiff has established a probable right to the relief he seeks upon final trial of this
case, including claims for breach of fiduciary duty, Violations of the Texas Uniform Trade Secrets
Act, and common law misappropriation of trade secrets.
2. IfDefendants are not enjoined from the categories below, Plaintiff will suffer irrep-
arable injury, loss, and damage for which there is no adequate remedy at law. For example, there is
imminent danger that Defendants will use Legacy’s trade secrets and- confidential to
information
erode Legacy’s market share as they have already formed and are operating a competing entity.
EX PARTE TEMPORARY RESTRAINING ORDER '
1
3. The threatened harm to Plaintiff from Defendants’ conduct outweighs any poten-
tial harm to Defendants resulting from the issuance of injunctive relief.
4. There is no countervailing hardship upon Defendants as a result of being restrained
pending the outcome of this dispute.
5. A final judgment in this matter could be rendered inefi'ectual and Plaintiff will suffer
irreparable damage thereby unless Defendants are restrained from the conduct below.
6. Under the circumstances, to notify Defendants of the Application would impair or
annul the Court’s power to grant relief because the subject matter of the Application could be ac-
'
complished or property removed, secreted, or destroyed, if notice were provided. For example,
Defendants have access to all financial, banking, trade secret, confidential, and online and other
account information of Legacy and could remove, secret, or destroy such information.
7. It is therefore ORDERED that Defendants, and all other persons-in active concert
or participation with them who receive actual notice of this Order by personal service or otherwise
are immediately restrained, until 14 days after the entry of this Order or until further order of this
Court, from:
a. removing, transferring, modifying, or destroying any document or electronic data
maintained anywhere pertaining to Maiale or Legacy;
b. accessing, removing, modifying, transferring, or otherwise reducing the value of
any of Maiale or Legacy’s assets including but not limited to money, intellectual
property, and physical property belonging to Maiale or Legacy;
c. accessing, utilizing, or transferring ownership in any motor vehicle in the posses—
sion of and subject to the control of Maiale or'Legacy, including those titled to Ross
Legacy Management LLC, but excluding any personal vehicle of Christopher or
Brenda Ross; -
d. retaining, using, copying, moving, disclosing, modifying, or destroying Legacy’s
customer lists, vendor lists, financial information, network topographies, or other
confidential or trade secret information for any purpose or reason other than to
transfer that information in its entirety to Legacy;
EX PARTE TEMPORARY RESTRAINING ORDER 2
e. accessing or using Legacy’ s computers, computer systems, online accounts, or.
other accounts, including banking and financial accounts, for any purpose or reason
other than to transfer access and control of all things belonging to Maiale or Legacy;
f. accessing, entering, or being physically present at Legacy offices;
g. accessing, entering, or being physically present at any jobsite, residence, or other
‘
location at which Legacy performs services;
h. contacting, recruiting, or soliciting any employee or independent contractor of Leg-
acy on behalf of Defendants or any other business enterprise;
i. inducing any employee or independent contractor associated with Legacy to termi-
nate or breach an employment, contractual, or other relationship with Legacy;
j. disclosing, either directly or indirectly, to any person, firm, or company, the names,
addresses, or any other information pertaining to them, of any customers or clients
of Legacy; and
k. soliciting, taking away, or attempting to call on, any customer or client whom De-
fendants had called on or became acquainted with during the term of their employ-
ment or time as an officer and/ or director with Legacy, as a direct or indirect result
of Defendants’ association with Legacy.
8. It is further ORDERED that Defendants shall, within 1 business day from the date
of this Order, provide Plaintiff with the following items and information in Defendants’ possession,
custody, or control:
a. All Legacy property, including all records documents, files, forms proprietary 1n-
formation, bank records, and accounting records;
b. All Legacy passwords, including all passwords, logins, access codes,
and other in—
formation used to access or use any Legacy systems, equipment, software, orac-
counts; and
c. All Legacy tax information, including all federal, state, and local tax returns and
records from 2018 to present.
It is further ORDERED that this Order shall not be effective unless and until Plaintifi' ex—
ecutes and files with the Clerk of this Court a bond, in conformity with the law, in the of
amount
OD Dollars and 00/100. Bond
S( 2Q -
may be posted by attorneys’ check or by a dashier’s
check of the Plaintiff.
EX PARTE TEMPORARY RESTRAINING ORDER 3
_ f.
The Clerk of the above-title Court shall forthwith, on the filing by the Plaintiff of the bond
herein 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 fi1rther ORDERED that Plaintiff’s application for temporary restraining order and
request for temporary injunction, as contained in its Verified Original Petition, will be heard before
meat JUN 2\) 7 074‘ 0* \Z-OOgm
So ORDERED this 2]: day at
(i: fZQ AM/}@
of]une%
JUDGE fimsrfi‘ms A-
EX PARTE TEMPORARY RESTRAINING ORDER 4
Preview
m CauseNo. , 2 C Zq “OB 03$ JEREMY MAI’ALE, INDIVIDUALLY AND IN THE DISTRICT COURT DERIVATIVELY 0N BEHALF 0E LEGACY INTEGRATED TECHNOLOGIES ‘ COMPANY, Plaintz'fl JUDICIAL DISTRICT V. CHRISTOPHER Ross, BRENDA ROSS, AND WILLOW SECURITY LLC, ( Defendants DALLAS COUNTY, TEXAS Ex Parte Temporary Restraining Order On this day, the Court considered Plaintiff Jeremy Maiale’s Verified-Original Petition and Ex Parte Application for Temporary Restraining Order, Temporary. Injunction, and Permanent In- junction filed June 7, 2024 (the “Application”), brought both in his individual capacity and deriv- . atively on behalf of Legacy Integrated Technologies Company (“Legacy”).' The Application seeks to enjoin Defendants Christopher Ross, Brenda Ross, and Willow Security LLC. Based on the sworn facts set forth in the Application, and upon consideration of the arguments of counsel, the Court finds as follows: . 1. Plaintiff has established a probable right to the relief he seeks upon final trial of this case, including claims for breach of fiduciary duty, Violations of the Texas Uniform Trade Secrets Act, and common law misappropriation of trade secrets. 2. IfDefendants are not enjoined from the categories below, Plaintiff will suffer irrep- arable injury, loss, and damage for which there is no adequate remedy at law. For example, there is imminent danger that Defendants will use Legacy’s trade secrets and- confidential to information erode Legacy’s market share as they have already formed and are operating a competing entity. EX PARTE TEMPORARY RESTRAINING ORDER ' 1 3. The threatened harm to Plaintiff from Defendants’ conduct outweighs any poten- tial harm to Defendants resulting from the issuance of injunctive relief. 4. There is no countervailing hardship upon Defendants as a result of being restrained pending the outcome of this dispute. 5. A final judgment in this matter could be rendered inefi'ectual and Plaintiff will suffer irreparable damage thereby unless Defendants are restrained from the conduct below. 6. Under the circumstances, to notify Defendants of the Application would impair or annul the Court’s power to grant relief because the subject matter of the Application could be ac- ' complished or property removed, secreted, or destroyed, if notice were provided. For example, Defendants have access to all financial, banking, trade secret, confidential, and online and other account information of Legacy and could remove, secret, or destroy such information. 7. It is therefore ORDERED that Defendants, and all other persons-in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are immediately restrained, until 14 days after the entry of this Order or until further order of this Court, from: a. removing, transferring, modifying, or destroying any document or electronic data maintained anywhere pertaining to Maiale or Legacy; b. accessing, removing, modifying, transferring, or otherwise reducing the value of any of Maiale or Legacy’s assets including but not limited to money, intellectual property, and physical property belonging to Maiale or Legacy; c. accessing, utilizing, or transferring ownership in any motor vehicle in the posses— sion of and subject to the control of Maiale or'Legacy, including those titled to Ross Legacy Management LLC, but excluding any personal vehicle of Christopher or Brenda Ross; - d. retaining, using, copying, moving, disclosing, modifying, or destroying Legacy’s customer lists, vendor lists, financial information, network topographies, or other confidential or trade secret information for any purpose or reason other than to transfer that information in its entirety to Legacy; EX PARTE TEMPORARY RESTRAINING ORDER 2 e. accessing or using Legacy’ s computers, computer systems, online accounts, or. other accounts, including banking and financial accounts, for any purpose or reason other than to transfer access and control of all things belonging to Maiale or Legacy; f. accessing, entering, or being physically present at Legacy offices; g. accessing, entering, or being physically present at any jobsite, residence, or other ‘ location at which Legacy performs services; h. contacting, recruiting, or soliciting any employee or independent contractor of Leg- acy on behalf of Defendants or any other business enterprise; i. inducing any employee or independent contractor associated with Legacy to termi- nate or breach an employment, contractual, or other relationship with Legacy; j. disclosing, either directly or indirectly, to any person, firm, or company, the names, addresses, or any other information pertaining to them, of any customers or clients of Legacy; and k. soliciting, taking away, or attempting to call on, any customer or client whom De- fendants had called on or became acquainted with during the term of their employ- ment or time as an officer and/ or director with Legacy, as a direct or indirect result of Defendants’ association with Legacy. 8. It is further ORDERED that Defendants shall, within 1 business day from the date of this Order, provide Plaintiff with the following items and information in Defendants’ possession, custody, or control: a. All Legacy property, including all records documents, files, forms proprietary 1n- formation, bank records, and accounting records; b. All Legacy passwords, including all passwords, logins, access codes, and other in— formation used to access or use any Legacy systems, equipment, software, orac- counts; and c. All Legacy tax information, including all federal, state, and local tax returns and records from 2018 to present. It is further ORDERED that this Order shall not be effective unless and until Plaintifi' ex— ecutes and files with the Clerk of this Court a bond, in conformity with the law, in the of amount OD Dollars and 00/100. Bond S( 2Q - may be posted by attorneys’ check or by a dashier’s check of the Plaintiff. EX PARTE TEMPORARY RESTRAINING ORDER 3 _ f. The Clerk of the above-title Court shall forthwith, on the filing by the Plaintiff of the bond herein 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 fi1rther ORDERED that Plaintiff’s application for temporary restraining order and request for temporary injunction, as contained in its Verified Original Petition, will be heard before meat JUN 2\) 7 074‘ 0* \Z-OOgm So ORDERED this 2]: day at (i: fZQ AM/}@ of]une% JUDGE fimsrfi‘ms A- EX PARTE TEMPORARY RESTRAINING ORDER 4