At first glance, such facts, assuming they are true, as the Court must at this stage, seem sufficient to give rise to a plausible inference of a breach. But, as "[p]reparing to compete is not equivalent to competing," this evidence alone is insufficient to support a preliminary injunction. (Compl., Doc. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767737710-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); (NCA at 10). Hr'g, Ex. 2. 2012). (Id. First, TQL submits that Daniels founded EDA Logistics, an LLC organized for conducting freight arrangement services. Legg later formed MegaCorp Logistics, which has a nonsolicitation agreement. I have actually gone through a lot emotionally for over 9 months now and there has been no one to help me. 3:09-cv-283, 2010 WL 908740, at *9 (E.D. BBB asks third parties who publish complaints, reviews . The data breach was announced by TQL at the end of February. 3d 1007, 1022 (M.D. googletag.pubads().collapseEmptyDivs(); That said, a plaintiff need not provide "detailed" factual allegations. Id. The company is also dealing with backlash from layoffs due to lost business during the pandemic. April 30, 2023 Full-Time About the role: As a Sales Representative for TQL Phoenix, you will build your own book of business while handling your customer's transportation needs 24/7/365. TQL recommended carriers take extra security measures and contact their bank or financial institution and notify them that their information specifically bank account, routing and tax ID numbers may have been compromised, and suggested carriers place a fraud alert on their credit files. at 9(b)(iii)). Capital Corp., 258 F. App'x. 16630 Southfield Ltd. P'ship v. Flagstar Bank F.S.B., 727 F.3d 502, 504 (6th Cir. Johnson is a former employee of TQL who worked for TQL as a logistics account executive for approximately five months between April 23, 2018 through September 26, 2018. A TQL representative confirmed at oral argument that the business from the potato starch shipment, in fact, eventually went to TQL. (Id.). (Doc. googletag.defineSlot('/21776187881/FW_Super_Leaderboard', [[300, 50], [970, 90], [300, 100], [728, 90]], 'div-gpt-ad-1668097889433-0').defineSizeMapping(gptSizeMaps.banner2).addService(googletag.pubads()); (Compl., Doc. 2, 16, #47). ). And then to make matters worse, theres a one-way fee-shifting provision in the contract that says if TQL sues under the contract and prevails, the employee is liable for TQLs attorneys fees, Patterson said. Use RevDex to write a review Reviews Trucking Transportation Brokers, Motor Freight Trucking, Logistics, Freight Forwarding Total Quality Logistics Total Quality Logistics Reviews ( 17) googletag.pubads().enableSingleRequest(); Total Quality Logistics (TQL) is the nation's 2nd largest freight brokerage firm. Importantly, the freight-brokering business is precisely the industry that the NCA precludes Daniels from competing in until June 2021. window.googletag = window.googletag || {cmd: []}; window.googletag = window.googletag || {cmd: []}; Univ. See Hartman v. Acton, No. However, this isnt the only class-action lawsuit TQLs legal team is fighting regarding the overtime issue and claims by former employees that the brokerage violated the FLSA. But, despite repeated calls, TQL had no success until March 2, 2018, when Michael Henshall, one of TQL's account executives, successfully bid for a piece of Sunland's business. googletag.defineSlot('/21776187881/FW_Super_Leaderboard', [[300, 50], [970, 90], [300, 100], [728, 90]], 'div-gpt-ad-1668097889433-0').defineSizeMapping(gptSizeMaps.banner2).addService(googletag.pubads()); The motion to dismiss, like the motion for a preliminary injunction, is fully briefed and ripe for review. }); Wednesday is Jacob Pattersons last day at PBJ Express, a small trucking firm in Joplin, Missouri, where he has worked for the past 15 months. 8, #98). googletag.defineSlot('/21776187881/fw-responsive-main_content-slot3', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767553440-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. We are going to argue these motions on July 13, and at that time, the judge indicated he was going to establish a new trial date in the case, Meizlish told FreightWaves. In other words, the Court's denial of this motion is not an indication that the Court has concluded that injunctive relief is never available for harm of the type alleged here, but rather that TQL has not carried its burden of showing that such relief should be awarded now. (Mot. Consistent with that understanding, the Court can issue a preliminary injunction only "upon a clear showing that the plaintiff is entitled to such relief." In fact, the Supreme Court expressly rejected the "possibility" standard as "too lenient," and instead required a higher showing on the grounds that a preliminary injunction is an "extraordinary remedy" with the dangerous potential to unjustly restrain the subject's liberty. TQL provides a "short and plain" statement of each element of a breach of contracts claim, and then "directly alleges damages as a result of [Daniels'] breach." In hindsight, it was very telling, in that about every 2-3 months for a while I was getting a call from a new rep. But what is a lonely small trucking company to do but to sacrifice >$1000 claim to receive $25-32k worth of freight pulled months ago. The Judges overseeing this case are Schneider, Wilfred J, Jr. and Wilfred J Schneider, Jr.. The parties finished briefing that motion on April 20, 2021, and the Court held a hearing on the matter on April 29, 2021. And, equally as problematic for TQL, nowhere in the email chain does Daniels ever respond to 721 Logistics or Sunland. at 570. Nov. 27, 2002). For the reasons below, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss and DENIES TQL's Motion for a Preliminary Injunction. googletag.enableServices(); 10, 11, "Potato Shipment Emails"). 6, "Sunland Customer Timeline"). The same month he accepted the vice president of operations role at PBJ Express, Jacob Patterson was hit with a lawsuit from TQL. Daniels' resume from that period highlighted his ten years of "sales and management experience," which included time working as an Assistant Manager at Footlocker, a seven-year stint as a Universal Sales Consultant with Verizon Telecom, and his rather recent tenure as a Financial Representative with Northwestern Mutual. 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. Moreover, neither of the two emails 721 Logistics sent Daniels and Sunland concerning one of Sunland's potato starch shipments provide much additional insight. 2019). Maybe Sunland does not like the new TQL logistics account executive who now manages its account; perhaps COVID-19 hit Sunland hard and it decreased shipments across the board; or maybe Sunland just transferred its business to a new logistics company (other than EDA Logistics). }); TQL uniformly does not make exceptions to the agreement, including the one-year non-compete and non-solicitation terms, a TQL attorney told a former employee via email. 2, 49, #52). As noted above, that evidence falls short. Hr'g, Ex. Have something to share about Total Quality Logistics? googletag.enableServices(); (Doc. $4B not paying on the agreement (ratecon) rate. 3. Until that process is complete later this week, were holding on sending any additional employees home for testing or work-from-home moves.. View All Competitors. (Mot. The full scope of the harm has yet to be realized, the lawsuit says. - 2021-Ohio-4242 More specifically, Bostwick explained that Daniels would have cold-called potential customers, as well as coordinated services and provided pricing estimates for existing customers. These facts, then, raise a plausible inference that EDA is interfering with the NCA between Daniels and TQL. But the Court is in no position to resolve that issue today. He even accepted a lower-earning position to reduce his workload, becoming a senior enterprise account manager to continue to work at the freight brokerage giant, second in size only to C.H. Read Total Quality Logistics LLC v. Logistic Dynamics, LLC, 1:20-cv-00669, see flags on bad law, and search Casetext's comprehensive legal database . 17, 2021). Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. TQL provides freight brokerage and third-party logistics services to customers across the continental United States. However, Bruce H. Meizlish, the lead attorney from Cincinnati, representing former TQL employees in the class-action complaint, says a hearing on recently filed motions will be held on that date. TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. EDA LOGISTICS, et al., Defendants. Neither piece of evidence, considered alone or in conjunction, shows a "strong likelihood" that Daniels is actually competing with TQL. IMO, their reps are not properly trained and harassing and DO NOT listen when you politely ask them NOT to call again. Inj. (Compl., Doc. Rather, the Court must rely on the evidence that TQL did present. The Court finds that TQL has met this burden here. And TQL had not subpoenaed him. Hr'g, Ex. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot5', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767778941-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); (Mot. Defendants argue that TQL's Complaint fails to plausibly allege the third element: that EDA/Daniels used TQL's trade secrets. He submitted his resignation two weeks ago after discovering that his former employer, Cincinnati-based Total Quality Logistics, intended to file a motion seeking to add PBJ as a defendant in an ongoing lawsuit against him over allegations he violated the terms of his noncompete agreement after leaving the United States' second-largest freight Importantly, all of TQL's claims require proof that Daniels is (or, at least, has been) actually competing against TQL. Wizard James Recovery Service did a fantastic job at recovering my life savings which got stolen. Both arguments assume that Daniels is, in fact, violating his non-compete and that the preliminary injunction will prevent him from doing so. Those sending messages critical of the companys leadership or complaints to managers about not being able to work remotely were added to a list of those to be fired, despite their title or value to TQL, one employee told FreightWaves. googletag.enableServices(); This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. I refuse to do any business with this company. (TQL's Exs. TQL became suspicious that this drop in business occurred because Daniels may have used connections he developed at TQL to solicit Sunland's business after his departure. As the Court discussed in the breach-of-contract analysis above, TQL's Complaint also included allegations that "Daniels formed EDA for the purpose of conducting freight arrangement services" and that "EDA holds freight brokerage authority granted by the Federal Motor Carriers Safety Administration." Sources familiar with the matter allege the mass firings were related to issues with setting up remote access using Citrix, the companys virtual network, and were not the result of employee underperformance issues, as Oaks and Tom Millikin, corporate communications manager of TQL, told FreightWaves at the time. 29, 2021). Our IT security teams identified the issue quickly and countered immediately to secure all online information.. Lucero v. Detroit Pub. Rule 30 (b) (6) Deposition. The injuries TQL alleges, including the loss of customer goodwill and the loss of fair competition due to the violation of a non-compete, usually constitute an irreparable injury.