International Business Machines Corporation v. Kede de Freitas Lima
Case Number: 7:2020cv04573
Filed: July 16, 2020
Court: US District Court for the Southern District of New York
Office: White Plains Office
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
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Date Filed Document Text
October 16, 2020 Opinion or Order Filing 106 ORDER granting 104 Letter Motion to Adjourn Conference: Application granted. The initial conference is adjourned to 10/28/2020 at 10:30 a.m. The proposed civil case discovery plan and scheduling order is due, pursuant to my rules, at least one wee k before the date of the conference. The parties are permitted to seek discovery prior to the date of the initial conference. (Initial Conference set for 10/28/2020 at 10:30 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 10/16/2020) (jwh)
October 13, 2020 Opinion or Order Filing 103 ORDER granting 100 LETTER MOTION to Seal/Redact the 9/1/20 Transcript. Application granted. The transcript of proceedings held 9/1/2020 shall be redacted in accordance with the proposed redactions set forth in plaintiff's Exhibit A (Doc. 101-1, 102-1). SO ORDERED. (Signed by Judge Philip M. Halpern on 10/13/2020) (jca)
September 3, 2020 Opinion or Order Filing 85 OPINION AND ORDER. Based on the foregoing, the court GRANTS IBM's motion for a preliminary injunction as follows: Defendant is preliminarily enjoined through May 18, 2021 or further Order of this Court from (i) working at or providing services t o Microsoft as Corporate Vice President, Latin America; (ii) working or providing any services in violation of the December 3, 2019 Non-Compete Agreement signed by Mr. Lima; (iii) soliciting any customer of IBM with which Mr. Lima was involved as a p art of his job responsibilities during the last twelve months of his employment at IBM; and (iv) retaining, using, disclosing, and/or relying upon IBM Confidential Information, defined as any information of a confidential or secret nature that was di sclosed to Mr. Lima, or created or learned by Mr. Lima, that relates to the business of IBM, including trade secrets, and including, but not limited to, IBM's formulae, patterns, compilations, programs, devices, methods, techniques, software, to ols, systems, and processes, IBM's selling, manufacturing, and servicing methods and business techniques, implementation strategies, and information about any of the foregoing, IBM's training, service, and business manuals, promotional mate rials, training courses, and other training and instructional materials, vendor and product information, customer and prospective customer lists, other customer and prospective customer information, client data, global strategic plans, marketing plan s, information about IBM's management techniques and management strategies, information regarding long-term business opportunities, information regarding the development status of specific IBM products, assessments of the global competitive land scape of the industries in which IBM competes, plans for acquisition or disposition of products or companies or business, units, expansion plans, financial status and plans, compensation information, and personnel information, whether intentionally o r unintentionally. The parties shall appear by telephone for an initial case management and scheduling conference on October 15, 2020 at 11:30 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The parties are directed to confer at least 21 days prior to the conference date and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six (6) months of the conference date. The parties are further directed to complete and file via ECF a proposed Civil Case Discovery Plan and Scheduling Order available on my individual webpage on the S.D.N.Y. website at least one week before the conference. So ordered. (Initial Conference set for 10/15/2020 at 11:30 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 9/3/2020) (rjm)
September 1, 2020 Opinion or Order Filing 84 ORDER granting in part and denying in part 34 Motion to Seal; granting in part and denying in part 56 Motion to Seal; granting in part and denying in part 57 Motion to Seal; granting in part and denying in part 65 Motion to Seal; granti ng in part and denying in part 69 Motion to Seal; granting in part and denying in part 73 Motion to Seal; granting in part and denying in part 78 Motion to Seal; granting in part and denying in part 28 Motion to Seal. Counsel for the parties appeared at 10:30 a.m. today to resolve the extant letter-motions to seal certain documents in connection with plaintiff's application for a preliminary injunction. For the reasons indicated and as specifically set forth on the record, the letter-motions to seal are granted in part and denied in part. The parties are directed to re-file their submissions in accordance with the Court's rulings today. See transcript. The Clerk of the Court is respectfully directed to terminate the pending letter-motions (Docs. 28, 34, 56, 57, 65, 69, 73, and 78). SO ORDERED. (Signed by Judge Philip M. Halpern on 9/1/2020) (ks)
July 23, 2020 Opinion or Order Filing 45 ORDER: The Temporary Restraining Order entered on June 19, 2020 (Doc. 20), as extended by the Court's Orders on July 6, 2020 and July 13, 2020, is extended nunc pro tunc as of the close of business yesterday July 22, 2020 pending the hearin g and determination of plaintiff's motion for a preliminary injunction. The Court finds that good cause exists to extend the Order because the hearing on the application for a preliminary injunction has not concluded and is continued to July 28, 2020; and the Court will need additional time to consider the voluminous record created and decide the motion. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/23/2020) (ks)
July 16, 2020 Opinion or Order Filing 42 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Philip M. Halpern on 7/16/2020) (ks)
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