Free Proposed Order - District Court of Delaware - Delaware

Case 1:05-cv—O0879-SLR Document 12 Filed O1/18/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION and )
PIKE ELECTRIC, INC., )
)
Plaintiffs, ) C.A. N0. 05-879 SLR
)
v. )
)
MICK DUBEA, )
)
Defendant. )
STATUS QUO ORDER
WHEREAS, Pike Electric Corporation and Pike Electric, Inc. (collectively,
"Plaintiffs" or "Pike") have moved for a preliminary injunction and expedited
proceedings in connection with defendant Mick Dubea’s ("Dubea" or "Defendant")
alleged violation of an employment contract with Pike after Pike terminated him without
cause effective August 22, 2005;
WHEREAS, while Dubea denies the allegations, he nonetheless is willing to stipulate
to a status quo order pending a final hearing;
NOW THEREFORE, this 18th day of January, 2006, the parties hereby stipulate and
agree, subject to the approval of the Court, as follows:
I. Pending a final hearing,
A. Defendant shall not, and Defendant shall not cause his representatives, agents
and affiliates to:
l. Violate Dubea’s July l, 2004 employment agreement, as amended May 5,
2005 (the "Employment Agreement"), by inter alia, competing against Pike and
soliciting Pike’s customers and employees in violation of Section 5.07 ofthe
Employment Agreement, and disclosing Pike’s confidential information in violation of
Section 5.03 of the Employment Agreement;
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Case 1:05-cv—O0879-SLR Document 12 Filed O1/18/2006 Page 2 of 3
2. Use any of Pike’s trade secrets to further the business ofT & D Solutions,
Ltd. ("T & D"); or
3. Assist T & D in any way in its business activities, including, without
limitation, by providing financial support of any kind to T & D or advising T & D or its
directors, officers or employees in any way regarding T & D’s business.
II. The entry into this status quo order:
A. Cannot be used as evidence in this or any other proceeding that Defendant
has violated or is violating any aspect of his Employment Agreement or any other duty
owed Pike;
B. Is without prejudice to Pike and Dubea’s ability to raise any and all claims
and defenses in this action, including to the enforceability of the Employment
Agreement; and
C. Does not affect in any way the parties’ rights or obligations under the
Employment Agreement.
RICHARDS, LAYTON & FINGER
/s/ William J. Wade
William J. Wade (#704)
[email protected]
Alyssa M. Schwartz (#4351)
[email protected]
One Rodney Square
P.O. Box 551
Wilmington, DE 19899
(302) 651-7700
Attorneys for Plaintiffs, Pike Electric Corporation
and Pike Electric, Inc.
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Case 1:05-cv—O0879-SLR Document 12 Filed O1/18/2006 Page 3 of 3
MORRIS, JAMES, HITCHENS & WILLIAMS LLP
/s/ Lewis H. Lazarus
Lewis H. Lazarus (#2374)
llazarusgcumorrisjainescom
Matthew F. Lintner (#4371)
[email protected]
Thomas E. Hanson, Jr. (#4102)
thansongiumorrisjamescom
(302) 888-6800
Attorneys for Defendant Mick Dubea
Dated: January 18, 2006
IT IS SO ORDERED this day of , 2006.
United States District Judge
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