![]() Intrepid alleged that Vaughn and Mitchell had breached their covenants not to compete, and Intrepid sought temporary and permanent injunctive relief to enforce the covenants against them. Intrepid also alleged that Vaughn s wife had created East Coast as an entity to which Vaughn and Mitchell would divert Intrepid business, employees, and customers, to Intrepid s detriment. In its petition, Intrepid alleged that Vaughn and Mitchell had conspired with each other to violate their Employment Agreements with Intrepid and their fiduciary and other contractual duties owed to Intrepid by leaving the employ of Intrepid and taking one or more Intrepid clients, business opportunities and employees with them to a new entity, East Coast. ![]() Like Vaughn, Mitchell is a former employee of Intrepid.1 Mitchell had an employment agreement with Intrepid that contained covenants not to compete. #Rem directional drilling trialTrial Court Proceedings On August 27, 2008, Intrepid filed this cause against Vaughn, East Coast, and Joshua E. Schedule A of the agreement contained a Geographic Scope of Limitation that included the following states: Texas New Mexico Oklahoma Louisiana and Colorado. 2 (c) agrees that during the Non-Compete Period shall not take any action which would, or has the potential to, impair the goodwill of the business of and/or Intrepid, including, without limitation, actions which would interfere with or damage and/or Intrepid s business relationships with its employees, suppliers, creditors, customers and others with which it does business. (b) agrees that during the Non-Compete Period, shall not solicit, recruit or employ, directly or indirectly, within the Restricted Territory any of and/or Intrepid s employees, or otherwise interfere, directly or indirectly, in any manner with their employment by and/or Intrepid. (a) agrees that during the Non-Compete Period, shall not (except on behalf of and/or Intrepid), solicit, directly or indirectly, any former customers of or any current or prospective customers of and/or Intrepid for the purpose of selling within the Restricted Territory directional drilling and/or measurement while drilling services, or otherwise interfere, directly or indirectly, in any manner with any relationship between and/or Intrepid and such customers within the Restricted Territory. Covenants Against Solicitation of Customers, Employees and Suppliers. agrees that during the period commencing on and ending on Ma(the NonCompete Period ), shall not (except on behalf of and/or Intrepid) engage, directly or indirectly, within the geographic area set out on Schedule A, attached hereto and made a part hereof (the Restricted Territory ), in any manner including by way of example, but without limitation, as a sole proprietor, partner, officer, director, Member, member, investor, lender, lessor, advisor, consultant, independent contractor or employee in directional drilling and/or measurement while drilling provided, however, that the foregoing shall not preclude from owning not more than one percent (1%) of the outstanding voting securities of any company having publicly-traded equity securities. The agreement included the following provisions: 2. Vaughn signed an agreement not to compete, dated March 30, 2007. The agreement provided that Vaughn would be paid a signing bonus of $15,000, a base annual salary of $150,000, and a bonus in accordance with Intrepid s directional drilling specialists sales commission plan. Vaughn and Intrepid signed a three-year employment agreement. ![]() Vaughn received $3.43 million of the sales proceeds, and he became an employee of Intrepid. ![]() In March 2007, Intrepid purchased VGS from Vaughn and his mother, Carolyn, for $7,000,000. After leaving Intrepid, Vaughn formed another directional drilling company, Vaughn Guidance Systems, LLC (VGS). Vaughn worked as a salesman for Intrepid for nine months before leaving in 2004 or 2005. Factual Background Intrepid performs directional drilling services. In this interlocutory appeal, Vaughn and East Coast appeal from the trial court s order granting the temporary injunction. obtained a temporary injunction enforcing covenants not to compete against its former employee Brad Vaughn and East Coast Directional Drilling, Inc. CV-46633 OPINION Intrepid Directional Drilling Specialists, Ltd. INTREPID DIRECTIONAL DRILLING SPECIALISTS, LTD., Appellee On Appeal from the 142nd District Court Midland County, Texas Trial Court Cause No. 11-08-00259-CV _ BRAD VAUGHN AND EAST COAST DIRECTIONAL DRILLING, INC., Appellants V. Opinion filed ApIn The Eleventh Court of Appeals _ No. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |