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Mainz Brady Group, Inc. v. Shown

United States District Court, W.D. Washington, Seattle

October 11, 2017

MAINZ BRADY GROUP, INC, Plaintiff,
v.
SHANE SHOWN, Defendant.

          ORDER ON MOTION TO DISMISS

          Marsha J. Pechman United States District Judge

         The Court, having received and reviewed:

         1. Defendant's Motion to Dismiss (Dkt., 12);

         2. Plaintiff's Opposition to Motion to Dismiss (Dkt. No. 18);

         3. Defendant's Reply to Plaintiff's Opposition to Motion to Dismiss (Dkt. No. 18); all attached declarations and exhibits; and relevant portions of the record, rules as follows:

         IT IS ORDERED that Defendant's motion is GRANTED IN PART and DENIED IN PART, and that any portions of the complaint subject to dismissal will be dismissed without prejudice.

         IT IS FURTHER ORDERED that Plaintiff will be permitted an opportunity to amend its pleadings; any amendments must be filed within 14 days of the date of this order or the dismissal will become a dismissal with prejudice.

         IT IS FURTHER ORDERED that Defendant's motion pursuant to FRCP 12(f) to strike a portion of Plaintiff's pleadings is DENIED.

         Background

         Defendant was hired as an account manager for Plaintiff Mainz Brady Group (an IT recruiting company; “MBG”) on January 4, 2016. As a condition of his employment, he executed an Employee Contract and an Employee Proprietary Information Agreement, both of which contained provisions acknowledging the confidential and proprietary nature of MBG's trade secrets, procedures, records, client lists and internal operating forms and agreeing that those items were to remain the exclusive property of his employer. (Dkt. No. 1, Complaint, Exs. A and B.)

         On January 23, 2017, Defendant tendered his resignation. On that same day, despite signing a form representing that he had returned all confidential information to MBG, he emailed a number of proprietary MBG business forms to his personal email account. (Id. at ¶ 3.11.)

         In February of 2017, Defendant opened his own IT recruiting and staffing agency (NxT Level) and Plaintiff claims that he has used confidential and proprietary information of theirs in that competing enterprise. (Id. at ¶¶ 3.14, 3.15.) The complaint further alleges that Defendant has posted positions on NxT Level's website involving job orders that MBG opened for its clients and solicited business on behalf of NxT Level on social media while still representing that he worked for MBG. (Id. at ¶¶ 3.16, 3.17.)

         Defendant does not deny emailing MBG's business forms to himself, but denies that they were confidential or proprietary. (Dkt. No. 15, Answer at ¶ 3.11.)

         Discussi ...


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