Bay Equity LLC v. Total Mortgage Services, LLC et al
| Bay Equity LLC |
| Steven Sirmaian and Total Mortgage Services, LLC |
| 1:2020cv10454 |
| March 6, 2020 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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| Filing 23 NOTICE of Voluntary Dismissal by Bay Equity LLC (Riden, Stephen) |
| Filing 22 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 21 Transcript of Motion Hearing held on March 9, 2020, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 4/6/2020. Redacted Transcript Deadline set for 4/16/2020. Release of Transcript Restriction set for 6/15/2020. (Scalfani, Deborah) |
| Filing 20 Judge Indira Talwani: Electronic Order vacating Temporary Restraining Order: Plaintiff Bay Equity LLC obtained a Temporary Restraining Order in Middlesex Superior Court enjoining Defendants Total Mortgage Services, LLC, and Steven Sirmaian from: 1) soliciting, contacting, or attempting to contact for purposes of offering or accepting goods or services similar or competitive with those offered by Bay Equity current, former, or prospective customers of Bay Equity that any former Bay Equity employee now employed by Total Mortgage (a) serviced or (b) learned confidential information about while such employee was employed with Bay Equity; 2) accepting any client or prospective client (a) serviced by any former Bay Equity employee now employed by Total Mortgage or (b) about whom any former Bay Equity employee now employed by Total Mortgage learned confidential information while employed by Bay Equity; 3) soliciting Bay Equity employees to leave Bay Equity; 4) inducing Bay Equity employees to violate their restrictive covenants; and 5) retaining, transmitting, using or disclosing Bay Equity's trade secrets or other confidential or proprietary business information. Defendants removed the case to this court and filed their Emergency Motion to Stay or Modify Temporary Restraining Order #9 . Plaintiff filed a Memorandum #16 and exhibits in opposition to the motion. Plaintiff's moving papers and attached affidavits filed with the state court, even when supplemented with Plaintiff's Memorandum #16 and additional exhibits filed here, do not present sufficient evidence to establish a substantial likelihood of success on the merits of Plaintiff's claims or a significant risk of irreparable injury without a temporary restraining order. Plaintiff concedes that Total Mortgage, Steven Sirmaian, and other former employees of Village Mortgage who never worked for Bay Equity are not subject to any contractual obligation to Bay Equity. In addition, Plaintiff has not identified any former Bay Equity employees hired by Total Mortgage who are subject to restrictive covenants, and has not submitted evidence of the restrictive covenant. Therefore, the court finds Plaintiff has failed to show a substantial likelihood of success as to its claim of tortious interference in Plaintiff's relationship with its employees. Plaintiff also has failed to show a likelihood of success on the merits of its claim that confidential marketing or organizational material was provided by any former Bay Equity employee to Defendants. In addition, the court finds that Plaintiff has shown no significant risk of irreparable harm in light of Defendants' counsel's representation that Defendants will promptly isolate any such materials if they exist.Insofar as Plaintiff broadly alleges that former Bay Equity employees provided Defendants with customer and referral information, the court finds that Plaintiff's requested relief is overbroad, where Plaintiff has not shown a substantial likelihood of success on its claim that information obtained by former Bay Equity employees prior to their employment with Bay Equity is Bay Equity's confidential information. Plaintiff's allegation that former Bay Equity employees have stolen confidential customer information obtained while working for Bay Equity presents a closer issue. Although the court finds insufficient Plaintiff's evidence of such theft as presented thus far, evidence of Defendants' ongoing use of customer information obtained by former Bay Equity employees while they were employed by Bay Equity may well be sufficient for injunctive relief on a renewed motion.Accordingly, Defendant's Emergency Motion to Stay or Modify Temporary Restraining Order #9 is ALLOWED and Plaintiff's Temporary Restraining Order is VACATED.Plaintiff may file a renewed motion for a preliminary injunction (and as appropriate, for a temporary restraining order) based on an updated record, and accompanied by a Local Rule 7.1 certificate. Defendants shall file any opposition to a renewed motion for preliminary injunction within fourteen days of the filing of Plaintiff's motion. (Kelly, Danielle) Modified on 3/9/2020 (Kelly, Danielle). |
| Filing 19 NOTICE of Scheduling Conference. Scheduling Conference set for 3/30/2020 02:15 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 18 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 3/9/2020 re #9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order filed by Total Mortgage Services, LLC, Steven Sirmaian. TRO is vacated; Plaintiff may refile for PI. Once refiled, Def. to file response in 14 days. Parties to jointly report to clerk any request for ADR. Order to issue; PI hearing to be set. Scheduling Order to issue. (Court Reporter: Debra Joyce at joycedebra@gmail.com.) (Attorneys present: Eisenhaure, Martin, Murray, Mendelberg) (MacDonald, Gail) |
| Filing 17 AFFIDAVIT of Malgorzata A. Mrozek in Support re #9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order filed by Steven Sirmaian, Total Mortgage Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mrozek, Malgorzata) |
| Filing 16 MEMORANDUM in Opposition re #9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order filed by Bay Equity LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Riden, Stephen) |
| Filing 15 NOTICE of Appearance by Rebecca A. Bact on behalf of Bay Equity LLC (Bact, Rebecca) |
| Filing 14 Notice of Supplemental Authorities re #9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order - Supplemental Notice Regarding Citizenship of LLC Parties (Cunningham, Ryan) |
| Filing 13 NOTICE of Appearance by Hannah Tso Joseph on behalf of Bay Equity LLC (Joseph, Hannah) |
| Filing 12 NOTICE of Appearance by Stephen D. Riden on behalf of Bay Equity LLC (Riden, Stephen) |
| Filing 11 Judge Indira Talwani: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion #9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order : Motion Hearing set for 3/9/2020 11:00 AM in Courtroom 9 before Judge Indira Talwani. Because the court must assess its own jurisdiction, counsel for Defendants shall provide a notice updating the jurisdictional facts about the citizenship of the limited liability company parties. See Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 54 (1st Cir. 2006) (the citizenship of a limited liability company is determined by the citizenship of all of its members). (MacDonald, Gail) |
| Filing 10 AFFIDAVIT in Support re #9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order . (Hubbard, Jared) |
| Filing 9 Emergency MOTION for Temporary Restraining Order - Stay or Modify Restraining Order by Steven Sirmaian, Total Mortgage Services, LLC.(Hubbard, Jared) Modified on 3/9/2020 (MacDonald, Gail). |
| Filing 8 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (McDonagh, Christina) |
| Filing 7 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 6 NOTICE OF REMOVAL by Steven Sirmaian, Total Mortgage Services, LLC ( Filing fee: $ 400, receipt number 0101-8143217 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A- State Court Record Part 1 of 2, #2 Exhibit A - State Court Record Part 2 of 2, #3 Civil Cover Sheet, #4 Civil Category Form)(Cunningham, Ryan) |
| Filing 5 NOTICE of Appearance by Jared L. Hubbard on behalf of Steven Sirmaian, Total Mortgage Services, LLC (Hubbard, Jared) |
| Filing 4 NOTICE of Appearance by Malgorzata A. Mrozek on behalf of Steven Sirmaian, Total Mortgage Services, LLC (Mrozek, Malgorzata) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Total Mortgage Services, LLC. (Cunningham, Ryan) |
| Filing 2 NOTICE of Appearance by Jonathan W. Fitch on behalf of Steven Sirmaian, Total Mortgage Services, LLC (Fitch, Jonathan) |
| Filing 1 NOTICE of Appearance by Ryan M. Cunningham on behalf of Steven Sirmaian, Total Mortgage Services, LLC (Cunningham, Ryan) |
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