ECOSHIELD PEST SOLUTIONS PORTLAND, LLC, v. GRIT MARKETING, LLC; ZACHARY SEAGER; and CORBIN HANSEN,
No. 3:24-cv-00887-HZ
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
June 12, 2024
HERNÁNDEZ, District Judge
Lauren F. Blaesing
Markowitz Herbold PC
1455 SW Broadway, Ste 1900
Portland, OR 97201
Alexander LaCroix
John C. Gray
Lewis Roca Rothgerber Christie LLP
201 E Washington St, Ste 1200
Phoenix, AZ 85004
Attorneys for Plaintiff
Davis Wright Tremaine, LLP
560 SW 10th Ave, Ste 700
Portland, OR 97205
Attorney for Defendants
OPINION & ORDER
HERNÁNDEZ, District Judge:
Plaintiff EcoShield Pest Solutions Portland, LLC, and Defendants Grit Marketing, LLC, Zachary Seager, and Corbin Hansen stipulate to entry of a preliminary injunction in this matter. Stip. Mot., ECF 13. For the following reasons, the Court will enter the stipulated injunction.
BACKGROUND
Plaintiff and its affiliates provide extermination and pest-control services for homes and businesses, using door-to-door salespeople to generate business. Compl. ¶ 1, ECF 1. Defendant Grit provides door-to-door sales services on behalf of pest-control companies. Id. ¶¶ 2-4. Defendant Seager is a regional manager of Defendant Grit, and Defendant Hansen is a sales representative for Defendant Grit and a member of Defendant Seager‘s team. Id. ¶¶ 5, 7. Plaintiff alleges that Defendant Grit, through its salespeople, has engaged in unlawful and anti-competitive sales practices to force Plaintiff out of the Portland market. Id. ¶ 9.
Plaintiff filed its Complaint on May 31, 2024, bringing the following claims against Defendants: (1) tortious interference with economic relations; (2) price discrimination under
STANDARDS
A preliminary injunction is an “extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). A plaintiff seeking a preliminary injunction must show (1) that it is likely to succeed on the merits; (2) it is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of the equities tips in its favor; and (4) an injunction is in the public interest. Id. at 20.
DISCUSSION
The parties stipulate to a preliminary injunction on the same terms as the TRO until this case is resolved through dismissal or judgment. Stip. Mot. 2. They agree that the Court has the power to enter such an order. Id. (citing
Because the parties have stipulated to the entry of a preliminary injunction, the Court will cancel the hearing set for June 20, 2024. The Court will set a scheduling conference after Defendants have responded to the Complaint.
The parties’ Stipulated Motion for Entry of Preliminary Injunction [13] is GRANTED.
Defendant Grit Marketing, LLC, when acting by and through its sales representatives in the State of Oregon, and until the conclusion of this action via dismissal or judgment, is enjoined from coming within 50 feet of any persons wearing EcoShield-branded clothing. Plaintiff is not required to give security under
IT IS SO ORDERED.
DATED: June 12, 2024
MARCO A. HERNÁNDEZ
United States District Judge