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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-07-11
Status Closed
Type Proprietary Information Or Trade Secrets
Docket 30 entries
Disposition disposed by agreement / settled

Parties

Plaintiff Ad Machines, Inc
Defendant Andrade, Andrew

Lawyers

Docket Entries

  1. Docket Note: Newburyport Storage
  2. Case assigned to: DCM Track A - Average was added on 07/11/2024
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Demand for jury trial entered.
  6. Service Returned for Defendant Andrade, Andrew: Service made in hand;7/15/24
  7. Amended: original complaint filed by Ad Machines, Inc
  8. Attorney appearance electronically filed. Applies To: Gray, Jr., Esq., Alfred A (Attorney) on behalf of Andrade, Andrew (Defendant)
  9. Service Returned for Andrew Andrade 7/30/24
  10. Plaintiff Ad Machines, Inc's EMERGENCY Motion for preliminary injunction
  11. Affidavit of Steven Teneriello in Support of plaintiff's Emergency motion for preliminary injunction
  12. Plaintiff Ad Machines, Inc's Certificate of Service
  13. Endorsement on Motion for preliminary injunction (#6.0): Other action taken Short order of notice to issue 8/13/24 returnable to Newburyport Superior Court.
  14. Summons and order of notice issued on a Motion for preliminary injunction, returnable on 08/13/2024 02:00 PM Hearing on Preliminary Injunction.
  15. Opposition to Plaintiff Ad Machine's Emergency Motion for Injunctive Relief filed by Andrew Andrade
  16. Affidavit of Andrew Andrade
  17. Affidavit of Nicholas Riddell
  18. Supplemental Affidavit of Steve Teneriello in Support of Plaintiff's Emergency Motion for Preliminary Injunction
  19. Proposed Filings/Orders Plaintiff's Proposed Order for Preliminary Injunction
  20. Matter taken under advisement: Hearing on Preliminary Injunction scheduled on: 08/13/2024 02:00 PM Has been: Held - Under advisement Comments: (Via Zoom) - FTR - 2:08:08 - 2:50:39 p.m., courtroom 1 Hon. Jeffrey Karp, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  21. MEMORANDUM & ORDER: MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION (Paper No. 6) *** For the above reasons, it is HEREBY ORDERED that: 1. The Plaintiff's Motion For A Preliminary Injunction (Paper No. 6) is ALLOWED in part and DENIED in part. 2. Until further Order of the Court, it is HEREBY ORDERED, without prejudice, that: A. Andrew Andrade ("Andrade"), and his agents and employees, shall not use, disseminate, or reproduce any confidentially commercially-sensitive information ("CC-SI"),[1] trade secrets, confidential information, and proprietary information, and all electronic data and documents containing any such information, belonging to AdMachines, Inc. ("AMI"). This shall include, but is not limited to, the following secret, confidential, or proprietary information: lists of keywords, lists of negative keywords, Google Ads templates and configurations, client contracts, copies of campaigns, media files containing campaign details, and client lists; B. Andrade shall preserve all electronic data and documents containing any CC-SI, trade secrets, confidential information, and proprietary information belonging to AMI, including, but not limited to, the following secret, confidential, or proprietary information: lists of keywords, lists of negative keywords, Google Ads templates and configurations, client contracts, copies of campaigns, media files containing campaign details, and client lists; C. Within fourteen (14) days of this Order, Andrade shall produce a list to AMI setting forth a description of all electronic data and documents containing any CC-SI, trade secrets, confidential information, and proprietary information belonging to AMI that are within Andrade's possession, custody or control, including, but not limited to, the following secret, confidential, or proprietary information: lists of keywords, lists of negative keywords, Google Ads templates and configurations, client contracts, copies of campaigns, media files containing campaign details, and client lists; and, D. As used herein, the commonly understood meaning of the terms "trade secrets," "confidential information," and "proprietary information" as used in applicable caselaw and statutes shall apply. See e.g., J. T. Healy & Son, Inc. v. James A. Murphy & Son, Inc., 357 Mass. 728, 736 (1970) (defining trade secrets at common law); G.L. c. 93, 42 (defining trade secrets and misappropriation).[2] (See Paper No. 11 for the full text of the Court's Memo and Order) Judge: Karp, Hon. Jeffrey
  22. Docket Note: Paper No. 11 emailed to counsel
  23. Endorsement on Motion for Preliminary Injunction (#6.0): ALLOWED in part. See Order at #11. Judge: Karp, Hon. Jeffrey
  24. Preliminary Injunction issued for Plaintiff Ad Machines, Inc. It is ordered and adjudged that Defendant(s) Andrew Andrade and their various attorneys and agents are: HEREBY ORDERED as follows: (See attached for full text of Preliminary Injunction)
  25. Answer with a counterclaim Applies To: Andrade, Andrew (Defendant)
  26. Answer to the counterclaim Applies To: Ad Machines, Inc (Plaintiff)
  27. Defendant Andrew Andrade's Request for Court issued subpoena
  28. Endorsement on Request for Court issued subpoena (#15.0): ALLOWED The court infers the request as a motion for letter pursuant to G.L.c. 223A sec 10 (a) (3) the motion is ALLOWED.
  29. Letters Rogatory Judge: Buxton, Hon. Kristen
  30. Party(s) file Stipulation of Dismissal Pursuant to Mass. R. Civ. P. 41(a)(1)(ii), now come the parties and stipulate that this matter in its entirety, including the complaint and counterclaim, be dismissed with prejudice, all parties to bear their own costs and fees, and waiving all rights of appeal. Applies To: Ad Machines, Inc (Plaintiff); Andrade, Andrew (Defendant)

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