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The I Grace Co. Commisioned Private Residences Inc v. Bielins Jr.

Court Rules Sharply Disputed Fact Issues Precludes Issuance of Preliminary Injunction

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The following papers numbered 1 to 23 read on this motion by the plaintiff for a preliminary injunction, inter alia, prohibiting the defendants from soliciting clients of the plaintiff.Papers NumberedOrder to Show Cause — Affidavits — Exhibits 1-5Answering Affidavits — Exhibits 6-19Reply Affidavits 20Memoranda of Law 21-23

*1 Upon the foregoing papers it is ordered that the motion is denied.I. The Plaintiff’s AllegationsPlaintiff I. Grace Company Commissioned Private Residences, Inc. (Grace), a general contracting company which, inter alia, builds high end residential homes, hired defendant Gary B. Bielins, Jr. as a laborer in 1999, and he eventually reached the position of managing director of one of the company’s divisions. He had the responsibilities of, inter alia, allocating the company’s resources and labor, managing company personnel, and dealing with clients, subcontractors and vendors. Grace hired defendant Isaac Flores in 2009 as a part time laborer, and he eventually rose to the position of project manager in one of the company’s divisions.On February 10, 2011 Bielins entered into a confidentiality agreement with Grace pursuant to which he agreed, inter

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