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Proactive Dealer Solutions, LLC v. Richards

United States District Court, W.D. North Carolina, Charlotte Division

March 13, 2018

PROACTIVE DEALER SOLUTIONS, LLC, Plaintiff,
v.
REID V. RICHARDS and INCREASE YOUR LEADS, LLC, Defendants.

          Jason Beckett, General Manager Proactive Dealer Solutions For Plaintiff.

          Reid V. Richards For Defendants.

          Kevin V. Parsons Counsel for Plaintiff.

          Ryan S. Luft Counsel for Defendants.

          FINAL CONSENT JUDGMENT

          Frank D. Whitney Chief United States District Judge

         The parties, Proactive Dealer Solutions, LLC ("Plaintiff or "PDS"), Reid V. Richards ("Defendant Richards" or "Richards"), and Increase Your Leads, LLC ("Defendant IYL" or "IYL") having agreed to settle and compromise on Count I of the Complaint (violation of North Carolina's Trade Secrets Protection Act, N.C. Gen. Stat. § 66-154 et seq., as to all Defendants), Count II of the Complaint (Breach of Contract as to Defendant Richards), Count III of the Complaint (Unjust Enrichment as to all Defendants), Count IV of the Complaint (Conversion as to all Defendants), Count V of the Complaint (violation of North Carolina's Unfair Trade Practices Act, N.C. Gen. Stat. § 75-1.1 et seq., as to all Defendants), Count VI of the Complaint (Trademark Infringement in violation of 15 U.S.C. § 1114 as to all Defendants), Count VII of the Complaint (False Designations of Origin and False Descriptions, Illegal Passing Off, in violation of 15 U.S.C. § 1125(a) as to all Defendants), Count VIII of the Complaint (False Designations of Origin and False Descriptions, Illegal Misappropriation, in violation of 15 U.S.C. § 1125(a) as to all Defendants), and Count IX of the Complaint (Copyright Infringement in violation of 17 U.S.C. § 501(a) as to all Defendants); and Defendants having offered to allow judgment in favor of Plaintiff to be entered as hereinafter set forth; and said parties having agreed to the settlement; and good cause appearing, the Court makes the following findings of fact and enters judgment as agreed upon by the parties:

         1. Plaintiff PDS is a North Carolina limited liability company with a registered and principal office in Huntersville, Mecklenburg County, North Carolina.

         2. Defendant Richards is an individual residing in Douglas County, Nebraska.

         3. Defendant IYL is a Nebraska limited liability company with a designated office address of 15418 Weir St. 231, Omaha, Nebraska, 63137, and IYL's Registered Agent is Business Filings Incorporated through which IYL may be served with process at 5601 South 59th Street, Lincoln, Nebraska 68516.

         4. The Defendants consent to this Court having jurisdiction over their person and the subject matter of this dispute, and represent that venue is proper in the Court. The Defendants expressly waive any rights they may have to contest this Court's jurisdiction over their persons or the subject matter of this action.

         5. Defendants have violated the North Carolina Trade Secrets Protection Act ( N.C. Gen. Stat. § 66-152 etseq.) and the North Carolina Unfair and Deceptive Trade Practices Act ( N.C. Gen. Stat. § 75-1.1 et seq.) as described below.

         6. PDS is engaged in the highly specialized and competitive industry of training and marketing for the automotive industry. While employed by PDS, Richards acquired some of PDS's most secret proprietary information including, but not limited to, customer lists, the identity and contact information useable to contact PDS's customers, the identity of PDS's customers, the identity of potential customers contacted by PDS, the commercial preferences and practices of PDS's customer, PDS's marketing plans and sale procedures and techniques, customer purchasing practices, customer service needs and practices, training plans and procedures and techniques of PDS, contracts of PDS, pricing information regarding PDS's goods or services, literature of PDS, selling activities of PDS, promotions of PDS, distributions of PDS, business plans of PDS, technical information of PDS, financial information of PDS, designs of PDS, formulae of PDS, developmental or experimental work of PDS, know-how of PDS, and processes of PDS.

         7. To the extent not already made public through no improper means, PDS's secret proprietary information described in ¶ 6 constitutes trade secrets belonging to PDS within the meaning of N.C. Gen. Stat. § 66-152(3).

         8. Defendants Richards and IYL misappropriated PDS's trade secrets ...


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