to as "Prudential"). According to Prudential, Montgomery breached certain restrictive covenants by improperly soliciting Prudential agents on behalf of his new employers, Minnesota Life Insurance Company and Securian Financial Services, Inc. (hereinafter referred to as "Minnesota Life"). Montgomery was one of Prudential's senior managers in Prudential's Bismarck, North Dakota office. Montgomery resigned from Prudential on April 18, 2003, and became affiliated with Minnesota Life, a direct competitor of Prudential. It is alleged that after Montgomery's departure from Prudential, he has improperly solicited Prudential personnel and gained access to certain confidential customer information.
On May 9, 2003, Prudential filed a Motion for a Temporary Restraining Order and for Preliminary Injunction pursuant to Rule 65(b) of the Federal Rules of Civil Procedure seeking to prevent Montgomery and those acting in concertwith him from soliciting Prudential employees. On May 13, 2003, the Court issued a Temporary Restraining Order. On May 22, 2003, the Court granted Minnesota Life's Motion to Intervene. On May 23, 2003, Minnesota Life filed a Motion to Dissolve the Temporary Restraining Order previously granted to Prudential by the Court.

I. BACKGROUND OF THE CASE

The defendant, Robert Montgomery, worked for Prudential from February 1987 until his resignation on April 18, 2003. Montgomery was the Manager of Financial Services in Prudential's Frontier Agency in Bismarck from October 2000 through April 2003. In that capacity he was responsible for recruiting, hiring, training, developing, and supervising the Prudential agents.
On October 23, 2000, Montgomery entered into a "Field Manager Agreement" with Prudential. Section 7 of the Agreement prohibits Montgomery from soliciting Prudential