Deloitte & Touche USA LLP and Deloitte Tax LLP v. Lamela , download file, involved a Motion for Reargument under Chancery Court Rule 59(f) regarding the scope of a preliminary injunction entered in October 2005. This case was based on substantive Florida law (though the procedural requirements for injunctive relief were decided on Delaware law), and involved the entry of a TRO and a subsequent preliminary injunction against a former financial consultant and tax advisor who left Deloitte. The court noted that Rule 59(f) does not contemplate a reply to a Motion for Reargument in the typical case. The court refused to change the substance of its original preliminary injunction that excluded from the clients that the former employee was prohibited from soliciting or accepting an engagement with, nine clients that “held out their multistate tax work for competitive bidding”.
The court concluded by saying that it would consider setting a final trial date within the next two or three months and ordered the parties to submit a proposed scheduling order within ten days of the date of the opinion.
A prior decision in this case involving the initial TRO and Preliminary Injunction, was summarized by my post found at this link. See also 2005 WL 2810719 (Del. Ch.).