535 F.Supp.2d 180 (D. Me 2008)

United States District Court,
D. Maine.
KELLY SERVICES, INC., Plaintiff
v.
Erin E. GREENE, Defendant.
Civil No. 08-23-P-H.
Feb. 28, 2008.

A former employer, engaged in personnel staffing business, sued former employee, claiming breach of non-compete and nondisclosure provisions of employment contract, occurring after former employee left to work for alleged competitor. Former employer moved for preliminary injunction.

Holdings: The District Court, D. Brock Hornby , J., held that:
(1) likelihood of prevailing on merits requirement was not satisfied, and
(2) required showing of irreparable harm was not made.

Likelihood of prevailing on merits requirement, for issuance of preliminary injunction, was not satisfied in suit by employer claiming that former employee would be utilizing trade secret information in her new position with competitor, in violation of statute; there was no evidence of actual misappropriation and little indication that relatively junior employee would be making use of trade secret information in role as clerical worker for new employer. M.C.L.A. § 445.1902(b) .