Preliminary Injunction in Intel v. Hamidi (Nov. 24, 1998)

MICHAEL A. JACOBS (BAR No. 111664)
LINDA E. SHOSTAK (Bar No. 64599)
MORRISON & FOERSTER
425 Market Street
San Francisco, California 94105-2482
Telephone: (415)268-7000
Attorneys for Plaintiff
INTEL CORPORATION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

 
INTEL CORPORATION,  

No. 98AS05067

Plaintiff
    
v.  Department: 53
    
    PRELIMINARY INJUNCTION
    
KOUROSH KENNETH HAMIDI and  
FACE - Intel, a purported California    Opposition Due:
nonprofit organization,     Moving Party Reply:

Defendant
    Hearing Date: November 17, 1998
    Trial Date: Not set

 

The motion of Plaintiff for a Preliminary Injunction came on for hearing before this Court in Department 53, Honorable John R. Lewis, Judge Presiding, on November 24, 1998. Plaintiff INTEL CORPORATION ("INTEL") was represented by Michael A. Jacobs, Esq. of Morrison & Foerster LLP, attorneys of record for INTEL and Kourosh Kenneth Hamidi for defendants KOUROSH KENNETH HAMIDI and FACE-INTEL (collectively referred to as "HAMIDI").

After full consideration of the evidence and points and authorities submitted by both parties, and the oral argument of counsel for both parties, it appears, and the court finds, that INTEL is entitled to a Preliminary Injunction against HAMIDI until final judgment after trial on the merits; and that pending final judgment after trial on the merits defendants HAMIDI, their agents, servants, assigns, employees, officers, directors, and all those acting in concert for or with HAMIDI, ARE HEREBY RESTRAINED AND ENJOINED AS FOLLOWS:

IT IS HEREBY ORDERED AND DECREED THAT defendants HAMIDI, their a agents, servants, assigns, employees, officers, directors, and all those acting in concert for or with HAMIDI are hereby preliminarily restrained and enjoined from:

1. Sending unsolicited electronic mail to any addresses on the proprietary Computer systems of INTEL,

2. Using INTEL's computer network, systems, equipment, e-mail system and servers without prior express authorization from INTEL; and

3. Preventing INTEL from blocking or taking actions to evade INTEL's effort to block defendants' unsolicited e-mail from reaching INTEL's employees.

IT IS FURTHER ORDERED AND DECREED THAT the above preliminary injunction is effective on INTEL's filing a bond in the sum of $7,500 and that said Preliminary Injunction shall remain in full force and effect from the date of INTEL filing said until final judgment following a trial on the merits.

Dated: November 24, 1998

(Stamped Signature of Judge Lewis)

Honorable John R. Lewis

Judge of the Superior Court