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Consumerinfo.com, Inc. v. Leon

United States District Court, C.D. California

February 26, 2018

CONSUMERINFO.COM, INC. dba EXPERIAN CONSUMER SERVICES, Plaintiff,
v.
ESTEBAN LEON; and DOES 1 through 10, inclusive, Defendants.

          Richard J. Grabowski (State Bar No. 125666) Cheryl L. O'Connor (State Bar No. 173897) Brianne J. Kendall (State Bar No. 287669) JONES DAY Attorneys for Plaintiff CONSUMERINFO.COM, INC. DBA EXPERIAN CONSUMER SERVICES

          JUDGMENT OF PERMANENT INJUNCTION AGAINST DEFENDANT ESTEBAN LEON [55]

          DAVID O. CARTER United States District Judge

         The Court, pursuant to the Stipulation To Final Judgment of Permanent Injunction (“Stipulation”) between Plaintiff ConsumerInfo.com dba Experian Consumer Services (“Experian”), on the one hand, and Defendant Esteban Leon (“Leon”; Experian and Leon are collectively “the Parties”), on the other hand, hereby ORDERS, ADJUDICATES and DECREES that a Permanent Injunction shall be and hereby is entered against Leon as follows:

         JURISDICTION

         1. This case involves Experian's claims of federal Misappropriation of Trade Secrets under the Defend Trade Secrets Act (18 U.S.C. § 1836(b)), violation of California Penal Code § 502(c), third party beneficiary breach of contract, trespass to chattels, and Unfair Business Practices pursuant to California Business & Professions Code §17200.

         2. This Court has personal jurisdiction over Leon because he resides in this District and this District is where a substantial part of the events giving rise to the claims occurred.

         3. This Court has subject matter jurisdiction over this matter, under 28 U.S.C. §§ 1331 and 1338, in that it is a civil action arising under the laws of the United States, specifically 18 U.S.C. § 1836(b). This Court has supplemental jurisdiction over the claims asserted under the laws of California pursuant to 28 U.S.C. § 1367(a).

         FINDINGS OF FACT

         Pursuant to a Confidential Settlement Agreement, Experian and Leon have stipulated to the following facts, which are hereby adopted by the Court:

         4. Experian is a corporation organized and existing under the laws of California. Experian's principal place of business is in the County of Orange, in the State of California.

         5. Leon is an individual residing in the County of Orange, in the State of California.

         6. Experian delivers online credit reports, scores, and monitoring products directly to consumers over the Internet. As a means to deliver the array of consumer products that Experian offers, Experian has spent millions of dollars in the development and implementation of programming code for a new e-commerce platform for the myriad of direct to consumer websites operated by Experian. The undertaking to create and implement this platform is known internally as Project Corvette.

         7. In June 2014, Experian contracted with vendor Tallan, Inc. (“Tallan”) to provide, among other services, software engineers to assist with execution of tasks on the Project Corvette team. Between January 2015 and June 2016, Tallan deployed Leon to serve as a software developer on the Corvette Project team. As a member of the team, Leon held a position that required him to have access to and become familiar with Experian's confidential and proprietary information. That information included Experian's JavaScript code, Experian's source code, and Experian's utilities code for Project Corvette. To permit access to Experian's highly confidential information, it provided Leon an electronic access key that contained a unique code specific to Leon. The unique electronic security key must be used to access the Project Corvette JavaScript code hosted on the Amazon Web Services (“AWS”) account.

         8. In July 2016, Leon disclosed certain Experian confidential and proprietary information and the AWS electronic access key Experian provided to him on a public website known as www.GitHub.com (“GitHub”). Although Leon removed the information and access key from the GitHub website and did not retain the information or access key, while ...


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