United States District Court, W.D. Washington, Tacoma
ORDER DENYING PLAINTIFF'S MOTION FOR A
PRELIMINARY INJUNCTION AND GRANTING DEFENDANT'S MOTION
FOR LEAVE TO SUPPLEMENT
BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Plaintiff The Mold Pros
Franchising, Inc.'s, (“The Mold Pros”) motion
for preliminary injunction, Dkt. 17, and Defendant William
Treinen's (“Treinen”) motion for leave to
file supplemental declaration, Dkt. 33. The Court has
considered the pleadings filed in support of and in
opposition to the motion and the remainder of the file and
hereby denies The Mold Pros's motion and grants
Treinen's motion for the reasons stated herein.
22, 2019, The Mold Pros filed a complaint against Defendants
MycoSolutions, Inc. (“MycoSolutions”), Treinen,
and Marc Core (“Core”) asserting claims for
breach of contract, declaratory judgment, unjust enrichment,
unfair competition, misappropriation of trade secrets, breach
of guaranty, and civil conspiracy. Dkt. 1.
3, 2019, The Mold Pros filed a motion for a preliminary
injunction. Dkt. 17. On July 19, 2019, Core and MycoSolutions
responded. Dkt. 31. On July 22, 2019, Treinen responded. Dkt.
28. On July 26, 2019, The Mold Pros replied. Dkt. 32.
August 20, 2019, Treinen filed a motion for leave to file a
supplemental declaration. Dkt. 33. The Mold Pros did not
majority of relevant facts are undisputed. In late 2016,
Treinen and John Bohde (“Bohde”), an owner and
vice-president of The Mold Pros, began discussing the
prospect of Treinen opening a Mold Pros franchise. In early
2017, Treinen formed Visionary Approaches, Inc. d/b/a The
Mold Pros of South Sound (“VAI”). On April 24,
2017, VAI signed a franchise agreement with The Mold Pros.
Treinen agreed to maintain the confidential information of
The Mold Pros and to not compete with The Mold Pros for two
years following termination of the agreement. On June 1,
2017, VAI opened for business.
hired Core as an employee of VAI with the intention that Core
would manage the franchise. Early into the arrangement,
Treinen determined that Core lacked sufficient experience to
manage. Because Treinen did not elevate Core to the level of
a manager, neither he nor The Mold Pros asked Core to sign
the restrictive covenants in the franchising agreement.
mid-July, Treinen experienced a major health issue. Due to
this and other issues, Treinen sought to cancel the franchise
agreement and close VAI. On October 31, 2017, VAI and The
Mold Pros entered a termination and release agreement.
subsequently started a mold remediation business called
MycoSolutions. Treinen admits that he referred some people to
MycoSolutions, but he did not receive any compensation for
any referral and does not know whether those referrals even
contacted Core or MycoSolutions.
December 7, 2018, The Mold Pro contacted Treinen and Core
regarding MycoSolutions. Treinen contends that he stopped any
mold-advocacy work and will continue to do so until this
dispute is resolved. Core contends that he stopped accepting
new business on May 5, 2019 and closed the MycoSolutions
business and website. Dkt. 31. In his supplemental
declaration, Treinen declares that Core has secured full-time
employment with another company and has sent a voluntary
dissolution notice to the Washington Secretary of State. Dkt.
33 at 4-12.
Treinen's motion for leave to supplement the record, the
Court grants the unopposed motion and will ...