INTHECIRCUITCOURTOFTHETHIRTEENTHJUDICIALCIRCUITINANDFORHILLSBOROUGHCOUNTY,FLORIDA

GENERALJURISDICTIONDIVISION

CASENO.15CA006540

ROCALABS,INC.,aCorporation, Plaintiff,v. CYNTHIAKOROLL,anIndividual,Defendant._____________________________________/

PLAINTIFFSEMERGENCYVERIFIEDMOTIONFORATEMPORARYINJUNCTIONANDMEMORANDUMOFLAW

Plaintiff, ROCA LABS, INC. (Plaintiff and/or Roca), by and through undersigned

counsel, and pursuant to Florida Rules of Civil Procedure 1.610 and Floridas Uniform Trade

Secret Act hereby files this Emergency Verified Motion for a Temporary Injunction and

Memorandum of Law and hereby moves for a temporary restraining order and preliminary

injunctive relief. Roca seeks the immediate entry of a temporary restraining order (TRO) and/or

preliminary injunctive relief to protect itself from the improper, unethical and unfair actions of

Defendant Cynthia Koroll (Defendant or Koroll) due to her unlawful misappropriation, use,

threatened disclosure and disclosure of Rocas trade secrets and proprietary business

information.

BACKGROUND

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1. Roca filed its Amended Complaint contemporaneously with this Motion which

involves breach of contract, breach of fiduciary duties, legal malpractice, and violations of

FloridasUniformTradeSecretAct.

2. Plaintiff is Florida Corporation with a principal place of business in Sarasota,

FloridaanddoingbusinessinHillsboroughCounty,Florida.

3. Roca manufactures and markets nutraceutical products aimed as nonsurgical

weight loss option for overweight individuals considering Gastric Bypass Surgery and other

bariatricsurgeries.

4. Roca has invested significant sums and years of time in the research and

developmentofitsproprietaryproducts.

5. Roca has invested millions of dollars in the marketing of its products, building its

trademarkedbrandnameanddevelopingcustomerlists.

6. Roca has developed a unique relationship with its clients, and has countless

successful users who have shared their weight loss success online. Roca firmly believes that the

best way for it to market its products is for successful customers to share their weight loss

success stories and Roca has invested heavily in developing a business platform that allows for

thesestoriestobesharedanddiscovered.

7. To market its current products and to develop new products, Roca spends

substantial time, effort and expense in developing confidential business information and trade

secrets. Such trade secrets and confidential business information include but are not limited to

information regarding Roca nutraceutical line, product development, research and testing,

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confidential customer lists, customer weight loss information and data, legal strategies, and

internalbusinesssystemsandoperations.

8. Rocas trade secrets and confidential information are not generally known in the

industry or outside of Roca, and could be learned by others, if at all, only through the

expenditure of considerable time, effort and expense. Rocas trade secrets and confidential

information are critical to its success and future growth in the highly competitive nutraceutical

industry. If Rocas trade secrets were to fall into the hands of a competitor, Rocas business

would be severely harmed and its unique position in the marketplace could be crippled and the

competitorwouldbeabletotradeonmanyyearsofvaluableresearchandknowledge.

9. Roca has internal mechanisms in place to protect its confidential information and

strivestokeepitsbusinessinformationsecret.

10. Rather than utilize a traditional corporate legal department to represent and advise

it in legal matters, Roca retains attorneys as independent contractors to provide legal services to

Roca as needed. Roca has an efficient team of lawyers who work in a virtual environment

providinggloballegaladvice.

11. DefendantisanattorneywhoislicensedtopracticelawintheStateofIllinois.

12. On or about May 12, 2015, the parties entered an Independent Contractor

AgreementunderwhichKorollwouldprovidelegalservicesandrepresentationtoRoca.

13. Due to the special nature of the attorneyclient relationship, Koroll was placed in

a position of trust. Koroll and Roca share a relationship whereby Roca justifiably reposed its

trust and confidence in Koroll, and Koroll undertook such trust and confidence and assumed a

dutytoadvise,counsel,and/orprotectRoca.

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14. Defendant owed Roca the fiduciary duties of privilege, confidentiality, loyalty,

and due care. Defendants fiduciary obligations arose under the Florida and Illinois Bar Rules of

Professional Conduct and/or by virtue of the close confidential relationship that existed between

Roca and Koroll as a result of their ongoing business dealings and/or by virtue of the IC

Agreement.

15. Defendant knew or had reason to know that Roca was placing trust and

confidence in her and that Roca was relying on her obligations and representations to ensure

proper protocol and procedures were followed in all dealings with and relating to Roca, both

duringandafterherrepresentation.

16. Based upon her position as legal counsel, Defendant was given access to

confidentialandhighlysensitivebusinessinformationandtradesecrets.

17. Defendant was provided with a RocaLabs.com email address for her use and was

provided with login creditials that allwed her to access confidential information that is stored by

thePlaintiffusingacloudserviceprovidedbyGoogle.

18. Defendant was part of a legal team that was involved in complex federal litigation

andaspartofthatteamhadvirtuallyunfetteredaccesstoinformation.

19. Defendant was involved in highly sensitive meetings and gained knowledge of the

Plaintiffscriticalbusinessandlegalstrategies.

20. Defendant was part of the legal team involved in handling ongoing litigation

against Opinion Corp. D/B/A pissedconsumer.com and Consumer Opinion Corp. (Collectively

PissedConsumer) (Case No. 8:15cv2096 in the U.S. District Court for the Middle District of

Florida).

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21. Defense counsel for PissedConsumer is attorney Marc Randazza. Mr. Randazza

has a history of unethical and unscrupulous behavior and he is presently the subject of multiple

barcomplaintsinFloridaandinNevada.

22. RocaisalsocurrentlyinvolvedinlitigationagainstMr.Randazzapersonally.

23. On or about July 11, 2015, the IC Agreement between the parties was terminated

byDefendant.

24. Upon termination Defendant demanded payment for thousands of dollars in

improperbillingwhichhadbeenquestionedbyRoca.

25. Despite her ethical and fiduciary duties to Roca, Defendant has been threatening

Roca and its Legal Team, including threat to making confidential information about Roca public.

SeeAffidavitofDonJuravin,attachedheretoasExhibitA.

26. Immediately upon termination Defendant began communicating with opposing

counselMarcRandazzainaninappropriatemanner.

27. Upon information and belief Defendant has engaged in improper and unethical

communications with Randazza. Defendant has shared trade secrets and proprietary information

withRandazzatothedetrimentofRoca.

28. At the time the IC Agreement was terminated and after the agreement was

terminated, Defendant improperly accessed Rocas computers and gained access to confidential

businessandlegalfiles.

29. EvidenceofDefendantsmisconductincludes:

a. Improperly accessing (hacking) email accounts of other attorneys on the Roca

LabsLegalTeam.

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b. Improperly accessing Rocas cloud storage system to access trade secrets and

confidentialinformation.

c. Threateningtotweetconfidentialattorneycommunications

d. ThreateningtodiscloseemailsbetweenmembersoftheRocaLegalTeam.

30. Upon information and belief Defendant may have shared confidential information

aboutRocatoitsbusinesscompetitorsandadversaries.

31. Indeed, Koroll accessed computer records and threatened to share trade secrets in

violationofFloridaStatutes,Chapter688.

32. At no time did ROCA give permission to reveal any confidential information

about ROCA with anyone, especially not competitors and attorney Marc Randazza. Koroll owed

adutytoROCAtomaintainsecrecy.

ARGUMENT

Roca seeks injunctive relief from this Court restraining Defendant, from further

accessing, using, disclosing, and/or copying Rocas Trade Secrets and Confidential Information

and further enjoining her from contacting or communicating with defense counsel or other third

partiesonanymattersadversetoRoca.

The purpose of a temporary injunction is to protect the movant from irreparable injury

and to preserve the status quo until the district court renders a meaningful decision on the merits.

See Liberty Counsel v. Florida Bar Bd. of Governors, 12 So. 3d 183, n.7 (Fla. 2009). A

preliminaryinjunctionisproperlyenteredwhenthemovingpartydemonstrates:

(1)thereisasubstantiallikelihoodofsuccessonthemerits

(2)lackofadequateremedyatlaw

(3)irreparableinjuryiftheinjunctionisnotgrantedand

(4)thegrantingofaninjunctionwouldnotdisservethepublicinterest.

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As a general rule, trial courts have sound discretion to grant injunctions. Precision Tune

Auto Case, Inc. v. Radcliff, 731 So.2d 744, 745 (Fla. 4th DCA 1999). The facts demonstrate that

all of the elements are easily satisfied, and the requested injunction should be issued by this

HonorableCourt.

A. ThereisSubstantialLikelihoodofSuccessontheMerits

Roca seeks injunctive relief under the Florida Uniform Trade Secrets Act (FUTSA) for

misappropriation of its trade secrets. FLA. STAT. 688.001 et seq. In order to prevail on a claim

for misappropriation of trade secrets under FUTSA, a plaintiff must show that: (a) the plaintiff

possessed secret information and took reasonable steps to protect its secrecy, and (b) the secret it

possessed was misappropriated either by one who knew or had reason to know that the secret

was improperly obtained or by one who used improper means to obtain it. Del Monte Fresh

Produce Co. v. Dole Food Co., Inc., 136 F. Supp. 2d 1271, 1291 (S.D. Fla. 2001) (citing FLA.

STAT.688.002)).

a. RocaPossessesTradeSecretsandTakesReasonableStepstoProtectThem

As discussed more fully above, at considerable time and expense, Roca develops,

compiles, maintains and protects substantial amounts of confidential and proprietary information.

This information is not publicly available or easily developed. If a competitor possessed this

information, the competitor could use it to compete unfairly with Roca. Moreover, Roca legal

strategiescouldbeusedagainstRocaissharedwithdefensecounselonongoingmatters.

Roca has taken reasonable steps to protect its trade secrets. Moreover as provided in

Florida Statute 90.502(1)(c) a communication between lawyer and client is confidential if it

is not intended to be disclosed to third persons Thus, in addition to the steps taken by Roca,

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the Defendant had a statutory obligation to keep information confidential. Defendant breached

thisstatutoryrequirement.

b. KorollMisappropriatedTradeSecrets

As detailed above, Defendant misappropriated trade secrets from Roca. At the time of her

termination, Defendant accessed computer files and company emails in order to gain control of

information. Defendants accessing information occurred at a time when she had no need to be

accessinginformationasherlegalserviceswereterminated.

As an independent attorney for Roca, Defendant has a fiduciary duty to protect Rocas

confidential trade secrets and information. Defendant knowingly and intentionally violated this

dutyforherownbenefit.

Florida courts have granted injunctive relief to prevent unfair competition related to the

misappropriation of trade secrets. See, e.g., Hatfield v. AutoNation, Inc., 939 So.2d 155, 157

(Fla. 4th DCA 2006), East v. Aqua Gaming, Inc., 805 So.2d 932, 934 (Fla. 2d DCA 2001), All

LeisureHolidaysLtd.v.Novello,2012WL5932364,*5(S.D.Fla.Nov.27,2012).

Under the facts present here and pursuant to relevant Florida law, Roca has a strong

likelihoodofsucceedingonthemeritsofitsclaimformisappropriationoftradesecrets.

B. ThereisaSubstantialThreatofIrreparableInjuryifKorollisNotEnjoined

If the injunction is not granted, Roca will face a substantial threat of irreparable injury.

Roca has already suffered harm by the release of confidential information and will continue to be

injured if Defendant does not immediately cease providing confidential information to

companiesandcounselthatareadversetoRoca.

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Irreparable injury is an injury which is of a peculiar nature, so that compensation in

money cannot atone for it. Mullinix v. Mullinix, 182 So. 2d 268 (Fla. 4th DCA 1966) First Nat.

Bank n St. Petersburg v. Ferris, 156 So. 2d 421 (Fla. 2nd DCA 1963). There is no way to

compensateRocaforconfidentialattorneyclientinformationthatmaybereleasedbyKoroll.

Florida courts have routinely held that irreparable harm is presumed in a case involving

misappropriation of trade secrets. See, e.g., Dotolo v. Schouten, 426 So.2d 1013, 1015 (Fla. 2d

DCA 1983) (agreeing with plaintiffs that irreparable harm and inadequate remedy at law should

be presumed in an action for injunctive relief with respect to the misappropriation of a trade

secret, and noting that the misappropriation and continuing use of a trade secret constitutes a

continuing tort).You Fit, Inc. v. Pleasanton Fitness, LLC, 2012 WL 7050984, *3 (M.D. Fla.

Oct. 31, 2012) (a presumption of irreparable harm exists in cases involving alleged

misappropriationoftradesecrets).

C. TheGrantingofanInjunctionWouldNotDisservethePublicInterest

An injunction is appropriate here to prevent the unlawful use and disclosure of Rocas

trade secrets. Under Florida law, an injunction prohibiting a former employee from using trade

secrets to solicit existing customers clearly does not disserve the public interest of protecting

legitimate business interests. Aqua Gaming, 805 So.2d at 934. Indeed, the existence of

Floridas trade secret statute illustrates [the] states interest in protecting businesses from theft of

confidentialinformation.Hatfield,939So.2dat158.

In addition to trade secrets, there is great interest in preserving confidential

attorneyclient information. Not only is this right codified in Florida Law it is a principal cannon

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of legal ethics in every state in this nation. Koroll can not dispute that it is not in the publics

interesttoprotecttheattorneyclientrelationship.

D.Bond

Pursuant to Florida Rule of Civil Procedure 1.610(b), Roca will give a bond for the

injunctioninanamountdeemedproperbytheCourt.

WHEREFORE, Roca respectfully requests that this Court temporarily, preliminarily, and

then permanently enjoin Defendant, and all persons in active concert or participation with her,

from making any disclosure prohibited by Florida Statute 688 et. seq. including, without

limitation, from disclosing any trade secrets, confidential information, attorneyclient

confidential information, and disclose to Roca all information that was released, the date it was

releasedandtheidentificationoftheperson/entitytowhichitwasreleased.

Respectfullysubmittedthis22nddayofJuly,2015.

By:/s/AprilS.Goodwin AprilS.Goodwin,Esq.

FLBarNo.502537RachelR.Hyman,Esq.FLBarNo.70451RocaLabs,Inc.P.O.Box10203Largo,FL33777 Tel.(813)5150755 legal2@rocalabs.comlegal3@rocalabs.comLegalTeam@rocalabs.comAttorneysforPlaintiff

CERTIFICATEOFSERVICE

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I HEREBY CERTIFY that a copy of the foregoing has been furnished via U.S. Mail and

email to Pro Se Defendant, Cynthia Koroll, 630 North Church Street, Suite 202, Rockford,

Illinois61103,cindi@klglaw.net,andlisa@klglaw.net,this22nddayofJuly,2015.

By:/s/AprilS.Goodwin AprilS.Goodwin,Esq.

FLBarNo.502537RachelR.Hyman,Esq.FLBarNo.70451RocaLabs,Inc.P.O.Box10203Largo,FL33777 Tel.(813)5150755 legal2@rocalabs.comlegal3@rocalabs.comLegalTeam@rocalabs.comAttorneysforPlaintiff

11

EXHIBIT A

INTHECIRCUITCOURTOFTHETHIRTEENTHJUDICIALCIRCUITINANDFORHILLSBOROUGHCOUNTY,FLORIDA

GENERALJURISDICTIONDIVISION

CASENO.15CA006540

ROCALABS,INC.,aCorporation,Plaintiff,v. CYNTHIAKOROLL,anIndividual,Defendant._____________________________________/

AFFIDAVITDONJURAVIN

STATEOFFLORIDA ) ) COUNTYOFHILLSBOROUGH )

BEFORE ME, the undersigned authority, personally appeared Don Juravin, and upon

beingdulysworn,deposesandstates:

1. I am over the age of 18 and have personal knowledge of all matters contained in this

affidavit.

2. IamaresidentofSarasota,FL.

3. IamanauthorizedagentofRocaLabs,Inc.(Roca).

4. Roca has invested significant sums and years of time in the research and development of

itsproprietaryproducts.

5. Roca has invested millions of dollars in the marketing of its products, building its

trademarkedbrandnameanddevelopingcustomerlists.

6. Roca has developed a unique relationship with its clients, and has countless successful

1

users who have shared their weight loss success online. Roca firmly believes that the best

way for it to market its products is for successful customers to share their weight loss

success stories and Roca has invested heavily in developing a business platform that

allowsforthesestoriestobesharedanddiscovered.

7. To market its current products and to develop new products, Roca spends substantial

time, effort and expense in developing confidential business information and trade

secrets. Such trade secrets and confidential business information include but are not

limited to information regarding Roca nutraceutical line, product development, research

and testing, confidential customer lists, customer weight loss information and data, legal

strategies,andinternalbusinesssystemsandoperations.

8. Rocas trade secrets and confidential information are not generally known in the industry

or outside of Roca, and could be learned by others, if at all, only through the expenditure

of considerable time, effort and expense. Rocas trade secrets and confidential

information are critical to its success and future growth in the highly competitive

nutraceuticalindustry.

9. If Rocas trade secrets were to fall into the hands of a competitor, Rocas business would

be severely harmed and its unique position in the marketplace could be crippled and the

competitorwouldbeabletotradeonmanyyearsofvaluableresearchandknowledge.

10. Roca has internal mechanisms in place to protect its confidential information and strives

tokeepitsbusinessinformationsecret.

11. On or about May 12, 2015, I engaged the services of attorney Cynthia Koroll on behalf of

Roca.

2

12. Cynthia Koroll was retained by Roca to provide a variety of legal services, including but

not limited to general legal advice as to Rocas rights and obligations in certain matters,

litigationadvice,reviewanddraftingofpleadings,etc.

13. Based upon her position as legal counsel, Cynthia Koroll was given access to confidential

andhighlysensitivebusinessinformationandtradesecrets.

14. Cynthia Koroll was provided with a RocaLabs.com email address for use with

Rocarelated work and login creditials that allowed her to access confidential information

thatisstoredbytheRocausingacloudserviceprovidedbyGoogle.

15. Cynthia Koroll was part of a legal team that was involved in complex federal litigation

andaspartofthatteamhadvirtuallyunfetteredaccesstoinformation.

16. Cynthia Koroll was involved in highly sensitive meetings and gained knowledge of the

Rocascriticalbusinessandlegalstrategies.

17. Cynthia Koroll was part of the legal team involved in handling ongoing litigation against

Opinion Corp. D/B/A pissedconsumer.com and Consumer Opinion Corp. (Collectively

PissedConsumer) (Case No. 8:15cv2096 in the U.S. District Court for the Middle

DistrictofFlorida).

18. Defense counsel for PissedConsumer is attorney Marc Randazza. Randazza has a history

of unethical and unscrupulous behavior and he is presently the subject of multiple bar

complaints in Florida and in Nevada and recently an arbitration award against him cited

his unethical behavior, including seeking bribes and accessing confidential client

information.

19. Cynthia Koroll also performed legal services on behalf of Roca in the case of Roca Labs,

3

Inc. v. Marc Randazza, (CASE NO.:14CA011251) in Hillsborough County Circuit

Court.

20. Cynthia Koroll also represented Roca in the matter of Jennifer Schaive v. Roca Labs, Inc.

etal(CASENO.:2015L2991)intheCircuitCourtofCookCounty,Illinois.

21. Jennifer Schaive is a defense witness in the Roca Labs, Inc. v. Opinion Corp. and

Consumer Opinion Corp. case being heard in the United States District Court, Middle

DistrictofFloridaandwasdeposedinthatcasebyCynthiaKorollonbehalfofRoca.

22. Jennifer Schaive testified at her deposition that Marc Randazza requested she be a

witness in the case and also retained her attorney in her Illinois state court case against

Roca.

23. On or about July 11, 2015, the IC Agreement between the parties was terminated by

CynthiaKoroll.

24. Upon termination Cynthia Koroll demanded payment for thousands of dollars in

improperbillingwhichwasquestionedbyRoca.

25. Since the termination of her representation of Roca, Cynthia Koroll has been threatening

Roca and its Legal Team, including threats to making confidential information about

Roca public. See Composite Exhibit A, communications from Cynthia Koroll pertaining

tothreatstopublicizeinformation.

26. Immediately upon termination Cynthia Koroll began communicating with opposing

counsel Marc Randazza in an inappropriate manner. See Composite Exhibit B,

communications from Cynthia Koroll pertaining to communications with Marc

Randazza.

4

27. At the time the IC Agreement was terminated and after the agreement terminated,

Cynthia Koroll improperly accessed Rocas computers and gained access to confidential

businessandlegalfiles.

28. I believe Cynthia Koroll may have shared or will share Rocas confidential information,

trade secrets, and proprietary information to its business competitors and adversaries,

includingMarcRandazzatothedetrimentofRoca.

29. At no time did I give permission to reveal any confidential information about Roca with

anyone,especiallynotcompetitorsandattorneyMarcRandazza.

30. At no time did I give Cynthia Koroll permission to disclose or publish information,

documents, or work product to Marc Randazza or any other individual or entity outside

ofRoca.

31. At all times I expected, and continue to expect, that my communications and the

communications of others working on behalf of Roca with Cynthia Koroll would remain

confidential.

32. At all times I expected, and continue to expect, that the work product of Cynthia Koroll

andtheotherattorneysrepresentingRocawouldremainconfidential.

33. I expected, and continue to expect, that Cynthia Koroll would not and will not disclose

anyRocainformationtoanyonewithouttheexpresspermissionofRoca.

34. RocahassufferedharmduetothedisclosureofinformationfromCynthiaKoroll.

35. Roca is concerned that Cynthia Koroll and Marc Randazza are working in a concerted

effortagainstRoca.

36. Roca is concerned that both myself and Paul Berger, April Goodwin, and Rachel Hyman,

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CERTIFICATEOFSERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished via U.S. Mail and

email to Pro Se Defendant, Cynthia Koroll, 630 North Church Street, Suite 202, Rockford,

Illinois61103,cindi@klglaw.net,andlisa@klglaw.net,this22nddayofJuly,2015.

By:/s/AprilS.Goodwin AprilS.Goodwin,Esq.

FLBarNo.502537RachelR.Hyman,Esq.FLBarNo.70451RocaLabs,Inc.P.O.Box10203Largo,FL33777 Tel.(813)5150755 legal2@rocalabs.comlegal3@rocalabs.comLegalTeam@rocalabs.comAttorneysforPlaintiff

7

COMPOSITE

EXHIBIT A

7/21/2015 RocaLabsMailSkype

https://mail.google.com/mail/u/0/?ui=2&ik=3b9df32467&view=pt&as_from=Cindi%40klglaw.net&as_sizeoperator=s_sl&as_sizeunit=s_smb&as_subset=inbox&a 1/1

AprilGoodwin

Skype1message

CynthiaKoroll Mon,Jul20,2015at6:41AMTo:AprilGoodwin

TodayImighttweetandFacebookallyourpersonalcommentsaboutyourcoworkersfromourSkypeconversations.

NothingaboutRocaofcourse.

CannotWAITtotakeyourdepositionsinthisone.AfterIcallPaul'swifetoday.

CynthiaKoroll,MS,RN,JDKorollLitigationGroup,Ltd.630NorthChurchStreet,Suite202Rockford,IL6110381531675547794232332(fax)

7/21/2015 RocaLabsMailThirdpartycomplaint

https://mail.google.com/mail/u/0/?ui=2&ik=3b9df32467&view=pt&search=inbox&th=14eb1dc5698d2492&siml=14eb1dc5698d2492 1/2

AprilGoodwin

Thirdpartycomplaint1message

CynthiaKoroll Tue,Jul21,2015at2:24PMTo:AprilGoodwin,"PaulBergerEsq.",Legal3RocaLabs,DonJ

Allinemail.Alltobeshared.

7/21/2015 RocaLabsMailThirdpartycomplaint

https://mail.google.com/mail/u/0/?ui=2&ik=3b9df32467&view=pt&search=inbox&th=14eb1dc5698d2492&siml=14eb1dc5698d2492 2/2

Iwanttolitigatethismattertouncovereverylittledetail.

CynthiaKoroll,MS,RN,JDKorollLitigationGroup,Ltd.630NorthChurchStreet,Suite202Rockford,IL6110381531675547794232332(fax)

RocavKorollMotionforTemporaryInjunctionv1 (2)Pages from CK Motion for Temporary Injunction