EX-99.77ELEGAL 3 texnex2.txt ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION 21st CENTURY TECHNOLOGIES, INC. ET AL. VS CIVIL ACTION NO. 4:01-CV-338-Y DOUG SPRING and BUREN PALMER, II ORDER PARTIALLY GRANTING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SCHEDULING PRELIMINARY INJUNCTION HEARING Pending before the Court is Plaintiffs' Application for Entry of Temporary Restraining Order, filed April 27, 2001. After careful consideration of the Motion, the Court finds that the motion should be GRANTED IN PART. The Court finds that Plaintiffs will suffer immediate and irreparable harm if defendants Doug Spring and Buren Palmer, their agents and those persons in active concert with them, are not enjoined immediately from attempting to sell the enhanced technologies to third parties. Trident Technologies Inc. ("Trident")'s "SeaPatch" and "ProMag" technologies constitute the bulk of Trident' s net worth, and these magnetic-patch devices and related magnetic-patch applications are Trident's only products. Enjoining Spring, Palmer, their agents and those persons in active concert with them, from selling, conveying, or transferring Trident's magnetic-patch technologies will assist Plaintiffs from losing the intellectual property they claim to be their own. Additionally, immediate injunctive relief is necessary to avoid any potential litigation that might ensue between Plaintiffs arid any third party to whom Spring and Palmer might attempt to sell Trident's claimed technologies. Plaintiffs have made a sufficient showing that they are likely to succeed on the merits. This ex parte order is granted without notice to defendants Spring and Palrner because of their alleged threat to sell, transfer, or convey the technologies to third parties. Given Spring and Palmer's previous purported attempt to sell, transfer, or convey the technologies, it is likely they will continue to make similar attempts before notice can be given or before the defendants' counsel can be heard. Consequently, provision of notice to Spring and Palmer could render the litigation fruitless. Therefore, it is ORDERED that a temporary restraining order is entered this day against Doug Spring and Buren Palmer, II, ordering that they are ENJOINED from: 1. transferring, disclosing, or using Plaintiffs' claimed proprietary information, products, and property, including Trident's magnetic-patch technologies, to or on behalf of any person or entity; 2. attempting to transfer or disclose Plaintiffs' claimed proprietary information, products, and property, including Trident's magnetic-patch technologies, to any person or entity; 3. transferring, selling, or otherwise conveying Plaintiffs' claimed products and property, including Trident's magnetic-patch technologies, to any person or entity; and 4- concealing, altering, removing, or destroying any documents concerning or relating to Plaintiffs' magnetic-patch technologies, including without limitation the patent application, blueprints, diagrams, product specifications, customer lists, marketing and sales plans, financial information, and cost and pricing information. It is further ORDERED that this temporary restraining order shall expire at 4:30 p.m. on Monday, May 14, 2001. It is further ORDERED that this temporary restraining order shall not be effective unless and until Plaintiffs or their authorized agent executes and files with the clerk a bond or other adequate security in the amount of $50,000.00. Said bond must be approved by the clerk of the Court. It is further ORERED that a preliminary injunction hearing shall be heard before this Court on Monday, May 14, 2001, at 1:30 p.m in the United States Courthouse in Fort Worth, Texas. Plaintiffs are hereby granted leave to commence discovery immediately in aid of preliminary injunction proceedings before this Court. It is further ORDERED that separate lists of exhibits and witnesses, except those offered solely for impeachment, shall be filed with the clerk of the Court and served on opposing counsel so that they are received no later than 9:30 a.m. on Friday, May 11, 2001. The witness lists shall indicate, as to each witness, whether the witness will be presented by affidavit or live testimony. It is further ORDERED that no later than 9:30 a.m on Friday, May 11, 2001, each party provide the Court with two three- ring notebooks, each containing one set of copies of every exhibit that the party plans to offer at the preliminary injunction hearing, each exhibit bearing the case number of this action, the exhibit number, and the identity of the offering party, the exhibits being preceded by a table of contents setting forth the number and a brief description of each exhibit. It is further ORDERED that the parties will be allotted two hours per side to present their evidence and arguments at the preliminary injunction hearing. 1 It is further ordered that any requested relief not expressly granted herein is DENIED. SIGNED April 30, 2001 at 2:25 o'clock p.m. /s/ Terry R. Means TERRY R. MEANS UNITED STATES DISTRICT JUDGE 1. In view of the limited time available for the preliminary injunction hearing, the Court suggests that the parties stipulate that affidavits wil1 be admitted in lieu of direct examination and that the affiants will be present at the preliminary injunction hearing for cross-examination.