The opinion of the court was delivered by: The Honorable David O. Carter, Judge
Julie Barrera Not Present Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:
NONE PRESENT NONE PRESENT
PROCEEDING (IN CHAMBERS): ORDER GRANTING IN PART TEMPORARY RESTRAINING
Before the Court is an Ex Parte Application for a Temporary Restraining Order ("Motion") filed by Plaintiff Glacern Machine Tools, LLC, ("Plaintiff"). The Court finds the matter appropriate for decision without oral argument. Fed R. Civ. P. 78; Local R. 7-15. For the following reasons, the Court GRANTS IN PART and DENIES IN PART the Motion.
I. Allegations By Plaintiff
On February 16, 2009, Defendant Eric Sun and Declarant Cynthia Hu formed Plaintiff Glacern Machine Tools, LLC. Hu Decl. ¶ 18. From June 2009 through May 2010 and while in the scope of his employment and on a work-for-hire basis for Plaintiff, Defendant Sun created a copyrightable source code. Id. at ¶ 19. Virtually all the tools used to create the source code were owned by Plaintiff Glacern. Id. at ¶ 26. On May 4, 2010, Defendant Sun at Plaintiff's direction created another copyrightable source code, which is a derivative work of the prior source code. Id. at ¶ 20.
Together, these two source codes comprise the "Software Products" Plaintiff now seeks to protect. Id. at ¶ 20. These Software Products were used by Declarant Hu's family business, a client of Plaintiff, to "manage virtually all aspects of its real estate business." Id. at ¶ 9.
On October 12, 2011, Defendant Sun removed from Plaintiff's headquarters two computers and some personal items, copied the Software Products, and changed the administrative password to lock managers out of Plaintiff's computer system. Id. at ¶ 6-8, 37. Defendant Sun then contacted Plaintiff's client, Declarant Hu's family business, to demand that monthly payments previously paid to Plaintiff for use of the Software Products be paid instead to Defendant Sun. Id. at ¶ 12.
Plaintiff filed a copyright registration on October 25, 2011. Id. at ¶ 36. "On information and belief," Defendants are continuing to copy the Software ...