The suit, filed by Dinsmore & Shohl on behalf of Total Quality Logistics, accuses Dugger of misappropriating confidential information and violating his non-competition and non-solicitation agreements. 10 days. So its like holding a gun to the head of people to expose them to potentially ruinous liability if they guess wrong about how the noncompete will be enforced.. If it turns out that Daniels, in fact, did not violate his non-compete, then he is entitled to compete after that date, and any preliminary injunction then in place would improperly interfere with the public's interest in free competition. In an attempt to fill this analytical gap, TQL also offers evidence that, it says, not only shows that is Daniels is actually competing, but that he is specifically soliciting one of TQL's current customers. The Court GRANTS the motion with respect to TQL's tortious interference with a business relationship claim, but does so WITHOUT PREJUDICE. (Doc. (Id. to Prelim. (TQL's Exs. 1. But it is at least as likely that Daniels has already conducted fright brokering services under the authority granted to his newly formed LLC. Managers also reminded them of the noncompete agreements they signed on their first day of employment with the logistics firm and that it would be enforced if they sought work with another brokerage firm within one year of leaving 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. Athletic Ass'n, 119 F.3d 453, 459 (6th Cir. At-a-glance. googletag.pubads().collapseEmptyDivs(); Customer and carrier information was exposed after threat actors breached the company's online web portal. googletag.pubads().collapseEmptyDivs(); Company Profile. (Doc. Inj. Inj. Consistent with that understanding, the Court can issue a preliminary injunction only "upon a clear showing that the plaintiff is entitled to such relief." Schs., 160 F. Supp. And courts have held that it is overbroad and cant be enforced as written. at 570. Clarissa has covered all aspects of the trucking industry for 14 years. And TQL had not subpoenaed him. window.googletag = window.googletag || {cmd: []}; to Prelim. Defendants move to dismiss both counts on the ground that TQL's Complaint fails to plausibly allege that Daniels "failed to perform"i.e., that Daniels breached his non-compete agreement. P. 8. U.S. District Judge Michael Barrett in Cincinnati on Tuesday let several, but not all, claims proceed in the case against Total Quality Logistics LLC, in one of at least two lawsuits against the . 2, 16, #47; TQL's Exs. As of 2016, Oaks was listed as Cincinnatis wealthiest person, with a net worth estimated at $980 million, according to Forbes. Winter v. Nat. googletag.pubads().collapseEmptyDivs(); If you need a reliable and experienced fund retrieval expert. Nowhere in the email chain does 721 Logistics (or Sunland) explain why it reached out to Daniels. Make your practice more effective and efficient with Casetexts legal research suite. The Court noted earlier that TQL's Complaint had alleged sufficient facts to raise a plausible inference that Daniels was competing against TQL as part of his new position with EDA logistics. I need to desperately access my husbands whatsapp to find out what as been keeping him away from home but no hacker was down to assist me until I contacted wisetechacker @gmail com I actually have been able to get access to my husbands whatsapp messages and gotten all evidence I needed for this divorce. We are still gathering details, but it appears it was initially an information/data phishing attempt, according to Byrnes email to carriers. Aaron Cox VP - Software Manager. TQL posted revenues of around $3.6 billion in 2019. Access the headquarters listing for Total Quality Logistics, LLC. Importantly, Twombly, and later Iqbal, require plaintiffs to do more than simply state the elements of the claim in fact-form. (Compl., Doc. His company has filed litigation related to a nonsolicitation agreement only once in its 13-year-history. USI, headquartered in Valhalla, New York, is one of the largest insurance brokerage and consulting firms in the world, according to its website. Read Total Quality Logistics, LLC v. DeSantis, Case No. }); Some told FreightWaves that workers were fired because the company simply didnt have the technological bandwidth to support all of its employees working remotely. And, although it is certainly possible that Sunland transferred its business to EDA Logistics, the Court has yet to see evidence suggesting a "strong likelihood" that is the case. This trend continued into the third quarter, which is the quarter right after Daniels left TQL. Defendants' only real argument to the contrary is that these facts do not plausibly allege a violation of the non-compete because "TQL's complaint does not allege any specific facts that Defendant EDA is actually brokering freight." The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. Capital Corp., 258 F. App'x. From that point forward, Daniels handled Sunland's business until he left TQL, in June 2020. The complaint, filed in September 2010 in U.S. District Court for the Southern District of Ohio, claims that more than 4,500 employees working at TQLs headquarters in Cincinnati from September of 2008 to mid-April of 2016 were cheated out of millions of dollars in overtime pay while working at the second-largest freight brokerage in the U.S. Also named in the complaint is Ken Oaks, chief executive and co-founder of Cincinnati-based TQL. TQL faces lawsuit over data breach. TQL Has Not Provided Enough Evidence At This Stage For The Court To Conclude That It Has A Strong Likelihood Of Success On The Merits. literally needed to contact (spynerdy @ gmail) to get some of my funds back from them. Not only is this allegation vague and underdeveloped, but it is also unpersuasive. Total Quality Logistics, LLC v. DeSantis - Casetext window.googletag = window.googletag || {cmd: []}; Answered Apr 10, 2023. As noted above, that evidence falls short. The non-solicitation half of the agreement, meanwhile, prohibits Daniels from "solicit[ing] any customer or tak[ing] any action to divert business from TQL." window.googletag = window.googletag || {cmd: []}; $4B not paying on the agreement (ratecon) rate. Certainly, there is no requirement under federal law to plead any particular or specific amount of damages. 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. Ohio Mar. Mot., Apr. (Id.). 2000). Hr'g, Exs. TQL and their kind are the herniated disc in the industry. This means you're the single point of contact to get the job done right the first time, every time. Tomaydo-Tomahhdo, LLC v. Vozary, 82 N.E.3d 1180, 1184 (Ohio Ct. App. Inj. Defendants are correct that this inference alone might not be enough to prove that Daniels is misappropriating trade secrets. This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. 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. According to the noncompete Jacob Patterson signed, it prohibits him from working for a competing business defined as any person, firm, corporation, or entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage or supply chain management services in the Continental United States for one year after leaving TQL. Mot., Apr. Inj. }); According to court filings, [Jacob] Patterson brings this action to stop TQLs economic bullying so that he can move on with his life and career.. I lost my traction in the industry and have never really recovered. Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. Those arguments are not particularly relevant here, as the Court has already held that there is no "substantial likelihood of success on the merits" that can justify a preliminary injunction. for Prelim. Inj. Aaron Grant I must commend them for recovering my money from the people who stole from me. Nov. 27, 2002). 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. Ohio 2020) case opinion from the Southern District of Ohio US Federal District Court 10 but good luck getting them approved . To start, neither party has identified how the failure to enter a preliminary injunction would harm third parties. 2002) (citing United Food & Com. (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds by Davis v. Scherer, 468 U.S. 183, 191 (1984)). To be sure, it is also possible, as Defendants seem to suggest, that Daniels is just preparing to compete, and has yet to actually engage in any competitive activity. First, TQL alleges that, after Daniels left TQL, he "formed EDA [Logistics] for the purpose of conducting 'transportation and freight arrangement services.'" Bridgestone Am. of Texas v. Camenisch, 451 U.S. 390, 395 (1981) (explaining that "it is generally inappropriate for a federal court at the preliminary-injunction stage to give a final judgment on the merits"). The percentage of those that actually make it onto commission with this company is very low.. Neither piece of evidence, considered alone or in conjunction, shows a "strong likelihood" that Daniels is actually competing with TQL. Total Quality Logistics (TQL) (@lifeattql) - Instagram However, former TQL employees told FreightWaves they estimate that only around 5% actually make it once they transition to a commission-only pay system. 3d 1007, 1022 (M.D. googletag.pubads().enableSingleRequest(); }); 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. 1-1 at PageID 6). Rather, the Court must rely on the evidence that TQL did present. (Id. Ohio May. googletag.pubads().enableSingleRequest(); 3. A tortious interference with a business relationship claim requires the plaintiff to show: (1) a business relationship; (2) that the defendant knew of that business relationship; (3) that the defendant intentionally obstructed that relationship; and (4) that the plaintiff sustained damages as a result. Thus, the Court cannot draw any inferences about the testimony that he would have provided had he appeared. Accordingly, TQL's claim for tortious interference with a business relationship does not rise to the level of plausibility. (TQL's Exs. 17, 2021). Of course, the plausibility of any inference will depend on the Court's "common sense and the strength of competing explanations" for why Daniels apparently started EDA. Moreover, substantial time may pass between now and final resolution in this case, especially since discovery has yet to even begin. 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. 9, "Sunland Revenue Chart"). }); Pete Patterson has been involved in his brothers legal battle since May 2021 over TQLs claims that Jacob Patterson had violated his noncompete when he went to work for asset-based carrier PBJ Express. Rule 30 (b) (6) Deposition. Rather, the facts in the complaint need only "raise a reasonable expectation that discovery will reveal evidence" that supports the plaintiff's claims. In order for these counts to move forward, then, TQL must plausibly allege the four traditional elements of a breach of contract claim: (1) the existence of a valid agreement; (2) that the plaintiff (TQL) performed; (3) that the defendant (Daniels) failed to perform; and (4) that TQL sustained injury. Council, Inc., 555 U.S. 7, 22 (2008). Similarly, plaintiff's conclusory claims that Carpenter and Boom Trendz began soliciting Plaintiff's, Full title:TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. EDA LOGISTICS, et al., Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION. Total Quality Logistics 462 S 4th St, Louisville, Kentucky, United States, 40202-3466 Sharing is caring! Gonzales v. Nat'l Bd. (citing Twombly, 550 U.S. at 556). Total Quality Logistics, LLC Company Profile | Cincinnati, OH 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()); On November 16, 2019, DeSantis removed the case to this Court based on . 2, 61, #53). 2, 49, #52). 2008)). My brother left TQL and did not want to do anything improper, so he didnt go to work for a broker. Read related stories by FreightWaves Clarissa Hawes: TQL delays start date of nearly 200 near hires because of COVID-19. The Judge overseeing this case is Michael R. Barrett. TQL's records show a 41% drop in revenues from Sunland from quarter one of 2020 to quarter two of that same year, while Daniels was still with TQL. 1). Plaintiff Total Quality Logistics, LLC ("TQL") is an Ohio limited liability company with its principal place of business in Clermont County, Ohio. On 03/22/2019 Total Quality Logistics, LLC filed a Contract - Other Contract lawsuit against PBD, Inc.This case was filed in U.S. District Courts, Ohio Southern District Court. 4. 6, "Sunland Customer Timeline"). TQL is WORST Broker Pirates in industry . These trainees are expected to spend at least six months conducting sales calls for freight brokers, earning between $36,000 to $38,000, before they are even considered to make the move from salary to a commission-based pay system. 1991)) (brackets and internal quotation omitted). Total Quality Logistics. But he went to a trucking company, which was a supplier for TQL, Patterson said. Total Quality Logistics (TQL) insights Based on 1,294 survey responses What people like Feeling of personal appreciation Supportive environment Ability to learn new things Areas for improvement Overall satisfaction Fair pay for job Time and location flexibility Lots of "fun" things for the company events but lacks good managers and directions. C-060071, 2007 WL 120695, at *2, 4 (Ohio Ct. App. Here, the allegations in the Complaint are that Daniels is competing with TQL for business, which creates a plausible inference that he is experiencing at least some success in that regard. As discussed above, however, TQL might have plausibly alleged that Daniels is violating his non-compete, but it has not submitted enough evidence to establish a "substantial likelihood" that is the case. at 9(b)(vi)). (TQL's Exs. That motion argues that the Court should dismiss TQL's Complaint because it consists of "conclusory allegations and rote recitations of elements of [each] claim[]," and, as such, fails to satisfy Iqbal and Twombly pleading standards. to Prelim. TQL is a multi-billion dollar leader in the 3rd party logistics industry. UPDATED: Freight broker TQL faces lawsuit, backlash after data breach (Id.). IMO, their reps are not properly trained and harassing and DO NOT listen when you politely ask them NOT to call again. 1997) (en banc)). Tenn. Mar. Meizlish said he expects the Illinois class-action case over former TQL employees overtime complaint to go to trial before his. Send your complaint to this team now, you can find them on google. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot6', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767872042-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); close alert. However, multiple current and former TQL employees said they do not consider the company one of the best places to work and told FreightWaves they fear retaliation by TQLs aggressive legal team if they are named. According to court documents, Austin was told that hiring Patterson would hurt [USIs] business relationship as TQL is a 20-year client of USI. Martin v. Jones, 41 N.E.3d 123, 141 (Ohio Ct. App. 's, Inc. v. 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