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Marsh USA Inc. v. Karasaki

United States District Court for the Southern District of New York

October 30, 2008, Decided; October 31, 2008, Filed

08 Civ. 4195 (JGK)



JOHN G. KOELTL, District Judge:

This is a diversity action brought by the plaintiffs, Marsh USA Inc. and Marsh & McLennan Companies, Inc. (collectively, "Marsh"), to enforce non-solicitation and confidentiality agreements entered into by a former insurance brokerage executive during his employment with Marsh. Marsh seeks a preliminary injunction enjoining the defendant, Chad W. Karasaki ("Karasaki"), from soliciting the business of any Marsh client or prospective client, performing or supervising the performance of services for any Marsh client or prospective client, and soliciting any Marsh employee to leave employment with Marsh. 1 

On March 31, 2008, Marsh filed a Complaint in the United States District Court for the District of Hawaii. On April 14, Marsh moved for a temporary restraining order and preliminary injunction. The following day, Karasaki moved to dismiss for improper venue or, in the alternative, to transfer venue. On April 22, the district court granted Karasaki's motion to dismiss on the grounds of improper venue.

Marsh filed the Complaint in this Court on May 2, 2008. On May  [*3] 8, 2008, Marsh moved by Order to Show Cause for a preliminary injunction. At a conference held that day, the Court authorized expedited discovery, which was to be completed by July 25, 2008. At another hearing held on September 24, 2008, the Court listened to argument by counsel and afforded the parties the opportunity to present any other evidence in support of or in opposition to the motion. Having reviewed the submissions and considered the arguments of counsel, the Court makes the following Findings of Fact and reaches the following Conclusions of Law pursuant to Fed. R. Civ. P. 52(a) and 65.

Findings of Fact

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2008 U.S. Dist. LEXIS 90986 *; 28 I.E.R. Cas. (BNA) 577



solicitation, employees, supervised, former client, preliminary injunction, e-mailed, joining, non-solicitation, client relationship, resignation, customer, indirectly, irreparable harm, restrictive covenant, prospective client, provisions, meetings, letters, broker, contacted, indirect, discovery, recruits, merits, likelihood of success, provide a service, vice president, non-servicing, restrictions, termination

Evidence, Types of Evidence, Documentary Evidence, Summaries, Civil Procedure, Injunctions, Grounds for Injunctions, General Overview, Remedies, Preliminary & Temporary Injunctions, Irreparable Harm, Labor & Employment Law, Conditions & Terms, Trade Secrets & Unfair Competition, Noncompetition & Nondisclosure Agreements, Customers of Former Employer, Costs & Attorney Fees, Attorney Fees & Expenses, Contracts Law