J.D Stewart Fin., Inc. v. Lee

• Court: Superior Court of Maine
• Decided: March 7, 2013
• Docket: YORcv-13-56
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT YORK,SS. ALFRED DOCKET NO.: CV-13- 'Sb J c, fJ ' . I' . 3 if , . .~ j /, --' J.D. STEWART FINANCIAL, INC., ) and JONATHAN STEWART, ) ) Plaintiffs ) ._ ..... ) v. ) TEMPORARY RESTRAINING ORDER/ ) PRELIMINARY INJUNCTION KATHLEEN ANGEL LEE and KELLY ) MELLEN, aka KELLY GREEN, ) ) Defendants ) )

UPON THE COURT'S REVIEW of the Plaintiff's Motion for the issuance of a

Temporary Restraining Order and a Preliminary Injunction against the Defendant, Kelly Mellen,

aka Kelly Green, the Court finds that it clearly appears from specific facts shown by the

Plaintiffs' verified complaint that immediate and irreparable injury, loss or damage will result to

the Plaintiffs before the Defendant, Ms. Mellen, can be fully heard in opposition, and that the

issuance of a Temporary Restraining Order against the said Kelly Mellen shall hereby be issued.

Alternatively, the Court finds that the Plaintiffs will suffer irreparable injury if an

injunction is not granted; 2) such injury outweighs any harm which granting injunctive relief

would inflict on the Defendants; 3) the Plaintiffs have exhibited a likelihood of success on the

merits; and, 4) the public interest will not be adversely affected by granting the injunction.

Ingraham v. University of Maine at Orono, 441 A.2d 691, 693 (Me. 1982).

Accordingly, it is hereby ordered that the Defendant, Kelly Mellen, aka Kelly Green,

shall do the following things immediately: 1. Cease all income tax preparation and accounting work on behalf of any customer

who was a customer of Thomas R. Lee Jr. Accounting while she was employed by

that business;

2. Cease all communications with any customer who was a customer of Thomas R. Lee

Jr. Accounting while she was employed by that business;

3. Cease making any print, written, internet or media references to her former affiliation

with Thomas R. Lee Jr. Accounting;

4. Direct any customer who may contact Mellen in any manner and who was a customer

of Thomas R. Lee Jr. Accounting to telephone J.D. Stewart Financial Services, Inc. at

either their JDS's 74 Beach Street, Saco, ME 04072 office, telephone 207-283-0384,

or at JDS's 76 Tandberg Trail, Windham, ME 04062 office, telephone 207-894-5523,

as required by this Court's order requiring her to do so;

5. Refrain from giving any further explanations or information to any former Lee

customers other than, if requested by them, their files, and to promptly report to

Jonathan Stewart the date, identify of caller and phone number of each such

customer;

6. Provide the Plaintiffs with a complete list of all customers who were customers of

Thomas R. Lee Jr. Accounting while she was employed by that business, whom she

has contacted in any way relating to her prospective or actual tax preparation

business, and provide the Plaintiffs with a copy of all communications issued by her

to such customers in that regard; 7. Provide the Plaintiffs with a complete list of all customers who were customers of

Thomas R. Lee Jr. Accounting while she was employed by that business, for whom

she has been asked or directed to perform any tax or accounting work;

8. Provide the Plaintiffs with a complete and full accounting of all customers who were

customers of Thomas R. Lee Jr. Accounting while she was employed by that

business, from whom she has collected any funds or from whom she has requested

the payment of any funds; and,

9. Provide to the Plaintiffs a complete listing of the full amounts billed by and paid to

her by any former Lee business customers, including, also, the dates of invoicing and

of payment and a complete and correct copy of all such invoices and records of

payment.

The Clerk is directed and authorized to enter this Order on the docket by reference,

pursuant to the provisions ofMe.R.Civ.P. 79(a).

Date Justice

)1 d t(d,.-J / '-.I ATTORNEY FOR PLAINTIFF: ROBERT NADEAU NADEAU LEGAL PLLC 311 ALFRED STREET BIDDEFORD ME 04005

ATTORNEY FOR DEFENDANT KATHLEEN ANGEL LEE: HERSCHEL LERMAN PO BOX 2010 BIDDEFORD ME 04005

ATTORNEY FOR DEFENDANT KELLY MELLEN: TOMDANYLIK WOODMAN EDMANDS DANYLIK & AUSTIN POBOX468 BIDDEFORD ME 04005