Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brock Services, L.L.C. v. Rogillio

United States Court of Appeals, Fifth Circuit

August 27, 2019

BROCK SERVICES, L.L.C., Plaintiff - Appellee
v.
RICHARD ROGILLIO, also known as Ricky, Defendant-Appellant

          Appeal from the United States District Court for the Middle District of Louisiana

          Before CLEMENT, HAYNES, and WILLETT, Circuit Judges.

          EDITH BROWN CLEMENT, CIRCUIT JUDGE

         Richard Rogillio worked for Brock Services, L.L.C. ("Brock") until he resigned to work for a direct competitor. Brock sued him for violating his employment agreement's non-compete provision and requested a preliminary injunction. The district court granted the injunction, and we affirm.

         Facts and Proceedings

         Rogillio began working for Brock in the summer of 2010. At the time of his resignation in the fall of 2018, he was the Vice President of Operations for Brock's Eastern Region. When he joined Brock, Rogillio signed an Employment and Non-Competition Agreement ("Agreement"). Section 7.1 of the Agreement is a non-compete provision. It provides in relevant part:

7.1 Non-Competition. Employee acknowledges and agrees that the Company enters into this Agreement in consideration of and reliance on Employee's agreement to the following, which is intended to protect the Company's Business interests and goodwill, and to minimize the complexity and expense of protecting and enforcing the Company's rights in its Confidential Information . . . . Accordingly, in consideration for (i) the Agreement by the Company to commence and continue Employee's employment for the Employment Period, (ii) Employee's access to and receipt of Confidential Information of the Company . . ., (iii) Employee's promise contained herein not to disclose Confidential Information of the Company, during the Employment Period and for a period of one (1) year immediately following the termination of the Employee's employment (the "Restricted Period"), the Employee will not:
(a) have any direct or indirect interest as an owner, investor, partner, lender, director, officer, manager, employee, consultant, representative, agent or in any other capacity in any competitive Business of the Company within the "Restricted Area" (as defined below); . . .
(c) ["]Restricted Area" means the area within 100 mile radius of any actual, future or prospective customer, supplier, licensor, or business location of the Company, that Employee conducted business in Employee's capacity as an employee of the Company within the last one (1) year of Employee's employment with the Company, either physically, via mail or via electronic means, including but not limited to, as applicable, the parishes of Assumption, Caddo, Calcasieu, St. Charles, East Baton Rouge, Iberia, Livingston, Iberville, Jefferson, Ouochita [sic], Lafourche, Lafayette, Orleans, Plaquemines, Rapides, Vermillion [sic], St. Bernard, St. James, St. John, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebone [sic], Washington, and the municipalities of New Orleans and surrounding areas as well as the municipalities in the parishes listed above . . . .

         Section 7.2 of the Agreement is a non-solicitation provision:

7.2 Non-Solicitation. During the Employment Period and for a period of one (1) year immediately following the termination of the Employee's employment, the Employee shall not (i) cause, solicit, induce or encourage any employees of the Company to leave such employment or hire, employ or otherwise engage any such individual; or (ii) cause, induce or encourage any material actual or prospective client, customer, supplier, or licensor of the Company (including any existing or former customer of the Company and any person that becomes a client or customer of the Company after the date of this Agreement) or any other person who has a material business relationship with the Company, to terminate or modify any such actual or prospective relationship.
Section 9 of the Agreement is a severability clause:
9. Severable Provisions. The provisions of this Agreement are severable and the invalidity of any one or more provisions shall not affect the validity of any other provision. In the event that a court of competent jurisdiction shall determine that any provision of this Agreement or the application thereof is unenforceable in whole or in part because of the duration or scope thereof, the parties hereto agree that said court in making such determination shall have the power to reduce the duration and scope of such provision to the extent necessary to make it enforceable, and that the Agreement in its reduced form shall be valid and enforceable to the full extent permitted by law.
Section 11.2 of the Agreement is an integration clause:
11.2 Entire Agreement; Amendment. This Agreement constitutes the entire Agreement between the parties hereto with regard to the subject matter hereof, superseding all prior understandings and agreements, whether written or oral. This Agreement may not be amended or revised except by a writing signed by the parties.

(emphases omitted).

         When Rogillio resigned from Brock, he went to work for a direct competitor, Apache Industrial Services, LLC ("Apache"), as a Vice President. Rogillio's Apache office is in Ascension Parish, which is not listed in the Agreement. As part of his new position, Rogillio managed Apache employees in at least some of the parishes listed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.