Orphideum e.V. v. Volk
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STATE OF MAINE YORK, ss ., [ ' J ' ~. ,ยท I ' Docket No. --'----++-- Orphideum e.V., Plaintiff i v. JeffVolk d/b/a MACROmedia Publishing, Defendant PLAINTIFF'S MOTION FOR i TEMPORARY RESTRAINING': ORDER NO'W COMES the plaintiff, Orphideum e.V., by and through its counsel, Bo' ton, Waldron, Doleac, Woodman, & Scott, P.A., and respectfully submits this Motion fori emporary Restraining Order, stating in support thereof as follows: 1. The plaintiff previously filed a Complaint and a Motion for a Preliminary Inj ction with the Court on October 5, 2015. ' 2. In the previously filed pleadings, the plaintiff made clear that plaintiff hired t~ defendant I to collect audio-visual and photographic material at a Conference on Cymatics held i:r;1 the fall of 2014 in Ger:many. 3. Sinc1e that time, the defendant has unlawfully refused to make copies of them', collected available to the plaintiff. 4. Under the terms of its contract with the defendant, the plaintiff has the right td I approve or disapprove any use the defendant makes of the material he collected at the! ongress. I 5. I The Court has not issued Orders of Notice for service on the defendant, and a earing on ' I i 6. I The plaintiff incorporates by reference its Motion for Preliminary Injunction ~. d the attached Affidavit and other exhibits. 7. The plaintiff has obtained information that the defendant will be giving a pre$ ntation at a conference on cymatics on November 5-8,2015. See Excerpts from http://www.cymaticsconference.com/, advertising the Conference, attached as Exhibi A. \ : I 8. There is an imminent danger of irreparable harm to the plaintiff. Specifically,! fthe defendant makes unauthorized use of the Congress material at the conferenc~, such u:, e will be unauthorized and in disregard of Orphideum's right of prior review and apprpval. 9. It appears that the defendant is already making unauthorized use of tl\te mated I. The I defendant has released a trailer for a new video he has produced and that he intends t show at i the conference. The trailer includes footage of an interview that appears to have been: aken at the Congress last fall. The trailer can be viewed here: http://www.cvmaticsconference.com/presenter-videos/ and on Youtube here:i https://www.youtube.com/watch?v=emRFgGLX 1NE. I 10. Once this public disclosure ofthe Congress material is made, the effept oftha~ disclosure ' i I will be impossible to reverse, and the damages difficult to quantify. i 11. A copy of the Complaint, the Motion for Preliminary Injunction, this irvfotion ~ r Temporary Restraining Order, and the Proposed Order on the Motion for TRP have b en ! ' forwarded to Attorney Terry Fralich, Counsel for the defendant. Plaintiffs cdunsel has requested i i that Defense: counsel accept service of process on behalf of the defendant. 12. In light ofthe time sensitive nature of this claim, the plaintiff request~ that the ourt I grant this Motion immediately and without a hearing. 2 13. If the Court requires a hearing on the matter, the plaintiff requests that a he 'ng be 1 1 I' scheduled as soon as possible. Plaintiff's counsel will ensure that the defendant is it\t ormed of the i date and time of the hearing. WHEREFORE, the plaintiff prays that this Honorable Court: A. Grant this Motion for Temporary Restraining Order; 1 B. Order that the Defendant be prohibited from making any use of the inaterial i't at he or his i agents collected at the First World Cymatics Congress in Germany in the fa~l of2014 at the Cymatics conference in Atlanta, Georgia on November 5-8, 2015; and ' C. Grant such other relief as equity and justice require. Respectfully submitted, Orphideum e.V. By its attorneys, Boynton, Waldron, Doleac, Wo6\iman & Scott, P .A. Dated: October 28,2015 By: I i ' Certificate of Service I hereby certify that a copy of the foregoing document has b Fralich, Esquire, counsel for the defendant. 3 forwarded, via emai1~ 1 o Terry / CV-15-210 ATTORNEY FOR PLAINTIFF: FRANCIS X QUINN BOYTON WALDRON DOLEAC WOODMAN SCOTT PA 82COURTST PORTSMOUTH NH 03801 ATTORNEY FOR DEFENDANT: PROSE JEFFVOLK D/B/A MACROMEDIA PUBLISHING 22 STURGEON CREEK DRIVE ELIOT ME 03903 z
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