Fill and Sign the Complaint Federal Court Form

IN THE UNITED STATES DISTRICT COURT FOR THE _______________ DISTRICT OF ____________, _______________ DIVISION ___________________ , INC. PLAINTIFF V. CIVIL ACTION NO. _________________ ___________________ DEFENDANT COMPLAINT FOR WRONGFUL DISCLOSURE AND USE OF TRADE SECRETS Comes now ________________________, Inc., a _________________ (state) corporation, and files this its Complaint against ______________, Defendant, and in support hereof, Plaintiff would show unto the Court the following matters and facts: I. Plaintiff, ___________________ , Inc., is a corporation organized and existing under the laws of the state of ______________, with its principal office located at ______________________________________ (street address, city, county, state, zip code) , referred to herein as Plaintiff. II. Defendant, ___________________ , is an adult resident citizen of the state of ___________and resides at ______________________________________ (street address, city, county, state, zip code) , and is referred to herein as Defendant. III. The value of the amount in controversy, exclusive of interest and costs, exceeds the sum of $75,000.00. IV. The jurisdiction of this court arises under 28 U.S.C.A. § 1332 . V. Since ___________________ (date) Plaintiff has engaged in the manufacture and sale of _________________________________________________________ (description of product) . The manufacturing process developed and utilized by Plaintiff has resulted in the production of superior ______________________________________ (description of product) at manufacturing costs that enable Plaintiff to realize a competitive marketing advantage. VI. Such manufacturing processes constitute valuable trade secrets which are the property of Plaintiff . Included among the manufacturing processes which are trade secrets are the following: ____________________________________________________________________________ (description of manufacturing processes) . The loss of such trade secrets , or their utilization by Defendant or others, would result in irreparable harm to Plaintiff , for which Plaintiff has no adequate remedy at law. VII. Defendant entered into a confidentiality and nondisclosure agreement on ___________________ (date) in connection with the Consultant Agreement, a copy of which is attached hereto as Exhibit A, and operated pursuant to said Agreement until ___________________ (date) . VIII. Defendant, who at all times during said Agreement stood in a relationship of trust and confidence with Plaintiff, became, by reason of said Agreement, intimately acquainted with all the processes, procedures, equipment, and paraphernalia involved in the manufacture of Plaintiff's ______________________________________ ( description of product) and knew that the information imparted to him during his Agreement with Plaintiff, that said manufacturing processes and procedures were confidential, and agreed, pursuant to said Agreement, that he would not, during or after the term of this Agreement, directly or indirectly, use, disseminate, or disclose to any person, firm, or other business entity for any purpose whatsoever, any information regarding said manufacturing processes which were disclosed to Defendant or known by Defendant as a consequence of or through his Agreement with Plaintiff. This includes, but is not limited to, information regarding Plaintiff's processes, customers, services, suppliers, and related matters, and also includes information relating to research, development, inventions, manufacture, purchasing, accounting, and marketing. IX. Defendant has engaged, and is presently engaged, in the furtherance of a plan or scheme to induce the wrongful disclosure of Plaintiff's trade secrets as described above and to wrongfully utilize and/or disseminate such trade secrets to its advantage and to the loss of Plaintiff. WHEREFORE, Plaintiff requests: 1. A preliminary injunction prohibiting John Doe, from divulging or otherwise making known any other person, firm, corporation, or entity, any of the materials, processes, or procedures utilized by Plaintiff in the manufacture of ______________________________________ ( description of product) which became known to him during the course of said Consultant Agreement between said Defendant and ___________________ , Inc., pending the court's ruling on Plaintiff's application for a permanent injunction so restraining Defendant. 2. A permanent injunction prohibiting Defendant from divulging or otherwise making known to any other person, firm, corporation, or entity, any of the materials, processes, or procedures utilized by plaintiff in the manufacture of ______________________________________ ( description of product) which became known to him during the course of said Consultant Agreement between said Defendant and ___________________ , Inc. 3. A judgment for damages against Defendant for all sums shown to have been suffered by Plaintiff by reason of any of the matters set forth in this Complaint or otherwise proved at trial; and 4. Such other and further relief as the court may deem just and proper. Respectfully submitted, ___________________ , INC. By:________________________ Attorneys for ___________________ , Inc. OF COUNSEL FOR PLAINTIFF: ________________________ ________________________ ________________________ Telephone No. - ________________