Mission Capital Advisor LLC
v. Romaka, suggests that a history of bad acts by the defendant is necessary to meet the “extraordinary circumstances” requirement for an
ex parte seizure.[5]
In
Mission Capital, the defendant engaged in egregious conduct, including lying and failing to show up to hearings. The defendant evaded service of a previously issued TRO five times and failed to appear for the preliminary injunction hearing. The Court also found that the defendant had previously lied about deleting trade secret data off his personal computer, only for it to appear later in a forensic review. Based on this pattern of behavior, the Court found the defendant intended to misuse the plaintiff’s trade secret information.