This Court, having read and considered the Complaint on file in this action by Cartier, a division of Richemont North America, Inc. (“Cartier”), the Affidavit of Debra Sloane, sworn to on February 27, 2022, and the exhibits thereto; the Affidavit of Megan Marino, sworn to on February 25, 2022, and the exhibits thereto; and the accompanying Memorandum of Law in Support of Plaintiff’s Application for a Preliminary Injunction, it is hereby: ORDERED that Defendants Tiffany and Company (“Tiffany”) and Megan Marino (“Marino”) show cause before this Court at IAS Part ___, to be held in and for the County of New York at the Courthouse thereof, 60 Centre Street, New York, New York 10007, Room ____, on the _____ day of ________________, 2022, at ___ o’clock in the fore/afternoon of that day, or as soon thereafter as counsel can be heard, why an order should not be entered pursuant to Section 6301 et seq.
Practice Law and Rules compelling Defendant Marino to comply with the terms of the Confidential Information and Non-Solicitation Agreements she entered into with Cartier on or about August 2, 2013 and on or about December 17, 2015 (the “Agreements”), and compelling Defendant Tiffany to refrain from using, disclosing, transmitting, or continuing to possess for any purpose, Cartier information, records, data, or derivatives thereof, including, but not limited to, information and materials obtained from Marino and any other current or former Cartier employee regarding Cartier’s High Jewelry business, pricing, allocations, and assortments; and it is further ORDERED that Defendants preserve any and all electronic devices, including mobile phones, desktop computers, laptop computers, or tablet devices, used to store or to conduct any business or communications relating to Cartier’s information, records, data, or derivatives thereof, including but not limited to all documents and information in any cloud, Gmail account, back-up drive, or social media account such as LinkedIn, until such time as reasonable discovery of the contents of such devices and accounts or files can be conducted as those contents may be relevant to the allegations made by Plaintiff in this action; and it is further ORDERED that Defendants, and anyone acting in concert with Defendants, is to return to Cartier any and all records, information and/or documents in any form, received or removed from Cartier by Marino or any other former Cartier employee, within five (5) days from the entry of this Court’s Order, including any and all copies and derivatives created therefrom.
This requirement includes all records, information or documents, in any form, created by Marino, or anyone acting in concert with her, based on documents and information that was received or removed from Cartier by Marino; and it is further ORDERED that service of a copy of this Order (including any copy or facsimile of this signed Order), together with the papers upon which it is based and the Summons and Complaint, by Federal Express or hand delivery upon Defendants Tiffany and Company, 727 Fifth Avenue, New York, NY 10022, and Megan Marino, 120 West 21st Street, Apt.
405, New York, NY 10011, or their respective counsel on or before the __ day of ___________________, 2022, shall be deemed good and sufficient service; and it is further
ORDERED that answering papers, if any, shall be served by Federal Express or hand delivered upon counsel for Plaintiff, Fisher Phillips, 620 Eighth Avenue, 36th Floor, New York, New York, 10018 (attn.