[PROPOSED] AMENDED ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE Re: Dkt. Nos. 6, 7, 35

EDWARD J. DAVILA, District Judge.

Good cause appearing therefor, the court finds as follows pursuant to Federal Rule of Civil Procedure 65(b):

1. Based on the information provided in the instant application, Plaintiff Blackbird Technologies, Inc. ("Plaintiff") will, absent temporary injunctive relief, suffer injury from the potential improper use of its Proprietary Information by Defendant Prateek Joshi ("Defendant") as well as a loss of competitive position in conjunction with such improper use.

2. Such injury is irreparable because monetary damages for the improper use of its Proprietary Information and loss of competitive position will be difficult to ascertain.

3. This order was granted on an ex parte basis because time is of the essence, given the imminent expiration of the temporary restraining order issued by the Santa Clara County Superior Court.

Accordingly, Plaintiff's ex parte application for extension of the temporary restraining order (Docket Item No. 6) originally issued by the Santa Clara County Superior Court on August 27, 2015, and modified on September 4, 2015, is GRANTED as follows:

1. Pending hearing on the order to show cause issued herein, Defendant, his employees, agents, and/or representatives, and any and all persons acting under his direction and control are restrained and enjoined from, directly or indirectly, without further order of the Court or Plaintiff's written consent:

a. Deleting, destroying, or altering any documents or things (including electronically maintained information) originating from, belonging to, or visually depicting information belonging to Plaintiff. This specifically includes but is not limited to copies (if any) of the following: (i) any of Plaintiff's source code; (ii) anything derived from, or containing information derived from, any information belonging to Plaintiff.

b. Using or disclosing any of Plaintiff's Proprietary Information, which is defined as all Inventions1 and all other business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) that Defendant developed, learned or obtained during the term of his employment that relate to Plaintiff or the business or demonstrably anticipated business of Plaintiff or that are received by or for Plaintiff in confidence. This includes selling any services or products offered at www.plutosearch.com that incorporate or are based on Plaintiff's Proprietary Information.

2. Defendant is ordered to appear before the undersigned at 10:00 a.m. on October 6, 2015, to show cause why a preliminary injunction incorporating the temporary restraining order specified above should not issue. Any memorandum in opposition to the order to show cause shall not exceed 10 pages in length and shall be filed and served on or before September 28, 2015. Any reply to the opposition shall not exceed 6 pages in length and shall be filed and served on or before October 1, 2015.

The temporary restraining order specified above shall remain in effect until 2:55 p.m. on October 6, 2015. Plaintiff's companion ex parte application (Docket Item No. 7) is DENIED AS MOOT.

This amended order replaces the temporary restraining order issued on September 22, 2015 (Docket Item No. 15).

IT IS SO ORDERED.