American National Property and Casualty Company v. Steve Wayne Camp

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMERICAN NATIONAL PROPERTY
AND CASUALTY COMPANY,
Plaintiff - Appellee,
v.
STEVE WAYNE CAMP,
Defendant - Appellant.
No. 11-36079
D.C. No. 9:11-cv-00101-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted October 8, 2013**
Portland, Oregon
Before: SILVERMAN, W. FLETCHER, and CALLAHAN, Circuit Judges.
Steve Camp appeals the permanent injunction entered by the district court
following a jury verdict in favor of American National Property and Casualty
FILED
OCT 10 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Company in its action to enforce the parties’ non-compete and trade secret
agreements. We dismiss in part and affirm in part.
Camp’s challenges to paragraphs one and two of the permanent injunction
are moot because by their explicit terms they expired on the same date – March 3,
2012 – as the non-compete agreement which they enforced. See Shell Offshore,
Inc. v. Greenpeace, Inc., 709 F.3d 1281, 1286 (9th Cir. 2013) (challenges to an
injunction that has expired on its own terms are moot unless the “capable of
repetition yet evading review” exception applies).
Contrary to Camp’s assertion, paragraph three of the permanent injunction,
which concerns trade secrets, does not impose on Camp a perpetual obligation to
preserve American National’s records. Rather, the plain language only prohibits
Camp from “using” American National’s trade secrets and “spoiling” American
National’s records, nothing more.
AFFIRMED IN PART AND DISMISSED IN PART.
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