Mark Lichocki et al. v. Marv Brice et al. (2012)

MEMORANDUM OF DECISION RE TEMPORARY INJUNCTION MOTION (# 102)

This case comes to this court as a temporary restraining order.   The purpose of a temporary restraining order is to preserve the status quo until final determination of the parties' rights after a hearing on the merits.  Clinton v. Middlesex Mutual Assurance Company, 37 Conn.App. 269, 270 (1995).   The court must consider the irreparable and imminent injury, lack of an adequate remedy at law, likelihood of success on the merits, and that a balancing of the equities favors granting the injunction.   See Waterbury Teachers Assn. v. Freedom of Information Commission, 230 Conn. 441, 447 (1994).

The court heard the testimony of Mark Lichocki and one of the defendants Marv Brice.   In addition, the court has reviewed the exhibits, the relevant pleadings in the case and the arguments of counsel, both in opening statements, and in concluding arguments.

The court finds there was no intent on the part of the plaintiff to give the business his personal computer.   The agreement between the parties refers only to a $20,000 cash contribution.   No contribution of equipment or other items such as the computer were part of the contribution of the plaintiff.   See, Exhibit 3 pg. 4 concerning capital contributions.

In addition, although there is a conflict of testimony as to who made the phone calls and the communications leading to the plaintiff's termination at Buffalo Wild Wings, it is clear to this court that these calls, and/or contacts were made.

Only the defendant Marv Brice testified.   He testified he did not make the calls.   Neither Lisa Luther nor Courtney Davy testified.   Therefore, they did not testify that they did not make the calls.

The injunction concerning communications will enjoin further action and serve the interest of justice.   If no one of the defendants made the contacts, then stopping them in the future from further actions they have not already done, is no infringement on their rights.   Paragraphs 1 and 3 of the Order of August 1, pleading No. 109 are granted.

Paragraph 5 is granted as amended below.   Paragraphs 2 and 3 are denied as there is an adequate remedy at law, and they are not at this time equitable in nature.

The injunction is issued without bond.   Paragraph 5 is amended and ordered as follows:

(5) That a temporary restraining order is hereby issued commanding Defendants Marv Brice, Lisa Luther and Courtney Davy, and anyone acting for them on behalf of them or for or on behalf of O'Shea's to immediately turn it over to the plaintiff.

The computer is an HP PAVILION P7–102 886111488469.   Said computer to be returned by October 30, 2012.   All arrangements for the return are to be made by the attorneys in this case.   Attorney Grayson for the plaintiff, and Attorney Cayo for the defendant.   Failure of the defendants to turn over the computer by October 30, shall cause a fine of $100 per day to be paid by the defendants until delivered, for the first week of non-delivery.   The sum of $500 per day is to be charged to the defendants after October 30, 2012, until delivered.

Thus, Paragraph 1 and 2 of Pleading 109 are granted.

Paragraph 2 and 3 of Pleading 109 are denied.

Paragraph 5 is amended and granted as above stated.

The objection 114 is overruled except as above ordered.

SO ORDERED.

EDWARD R. KARAZIN, JR.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.