`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`
`HI TECHNOLOGY CORP and
`INTERACTIVE
`COMMUNICATIONS
`INTERNATIONAL, INC.,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`
`RODERICK J. KERSCH and
`NATIONSBENEFITS, LLC,
`
`
`
`Defendants.
`
`)
`)
`)
`)
`)
`) CASE NO.: 1:21-CV-3468-TWT
`)
`)
`)
`)
`)
`)
`)
`
`
`
`STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT
`NATIONSBENEFITS, LLC
`This Order is entered this _____ day of September 2021, upon consideration
`
`of
`
`the
`
`agreement Plaintiffs
`
`and Defendant NationsBenefits, LLC
`
`(“NationsBenefits”) made in connection with Plaintiffs’ Motion for Temporary
`
`Restraining Order and Preliminary Injunction against Defendant NationsBenefits,
`
`LLC. Plaintiffs and NationsBenefits stipulate to this Order pendente lite, without
`
`admitting the enforceability of the underlying agreement, while denying any
`
`wrongdoing or liability, and without prejudice to the ultimate resolution of this case.
`
`1. NationsBenefits will not permit Defendant Roderick Kersch to perform any
`
`services for NationsBenefits until the above-captioned action is resolved.
`
`
`
`Case 1:21-cv-03468-TWT Document 14-1 Filed 09/07/21 Page 2 of 3
`
`2. No later than three days after this Order, NationsBenefits will provide to
`
`Plaintiffs’ counsel a hard drive containing every email that Defendant
`
`Roderick Kersch sent to anyone with a NationsBenefits email account,
`
`between November 2020 and July 7, 2021. NationsBenefits will send a copy
`
`of that hard drive to be retained by its outside counsel, solely for the purposes
`
`of this litigation.
`
`3. Although NationsBenefits denies that it received any information which may
`
`be considered Plaintiffs’ confidential information, it certifies that, after
`
`completion of the actions described in Paragraph 2 above, it will fully and
`
`permanently delete all of the emails Defendant Roderick Kersch sent to
`
`anyone with a NationsBenefits email account, between November 1, 2020 and
`
`July 7, 2021, from any computer in NationsBenefits’ possession, custody, or
`
`control, except for the computers of its outside counsel.
`
`4. Although NationsBenefits denies that it has received, used, accessed, or
`
`disclosed any information which may be considered Plaintiffs’ confidential
`
`information, it certifies that it will refrain from using, accessing, or disclosing
`
`any of Plaintiffs’ confidential, proprietary, and trade secret information that
`
`came from Defendant Roderick Kersch, unless such information was
`
`separately provided to NationsBenefits by Plaintiffs or by a source other than
`
`Defendant Roderick Kersch in furtherance of NationsBenefits and Plaintiffs’
`
`
`
`Case 1:21-cv-03468-TWT Document 14-1 Filed 09/07/21 Page 3 of 3
`
`business relationship. Plaintiffs’ confidential, proprietary, and trade secret
`
`information includes, but is not limited to Plaintiffs’ confidential customer
`
`lists and Plaintiffs’ confidential pricing information.
`
`5. After completion of the actions described in Paragraph 2 above, if
`
`NationsBenefits discovers that it possesses any of Plaintiffs’ confidential,
`
`proprietary, and trade secret information that came from Defendant Roderick
`
`Kersch and had not already been returned to Plaintiffs, NationsBenefits will
`
`return such information to Plaintiffs in the manner described in Paragraph 2
`
`above, and NationsBenefits certifies that it will not thereafter use, access, or
`
`disclose such later found information.
`
`6. This Stipulated Order will apply to NationsBenefits and its officers, agents,
`
`employees, and consultants/independent contractors.
`
`7. This Stipulated Order will remain in effect until further Order of this Court or
`
`until the above-captioned action is resolved by trial, motion, settlement, or
`
`any other means.
`
`IT IS SO ORDERED:
`
`
`
`
`
`
`
`Hon. Thomas W. Thrash Jr.
`United States District Judge
`
`
`
`
`
`
`
`
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