Motion for Temporary Restraining Order in PVC CONCEPTS, INC. DBA v. COPPOLA, ANTHONY| Trellis.Law

On June 28, 2023 a Motion,Ex Parte was filed involving a dispute between Pvc Concepts, Inc. D B A Pvc Solutions, Inc., and Anthony Coppola, for M00 - Misc - Injunction in the District Court of Fairfield County.

Preview
DCVAS DON ALAO ~ 5

PVC CONCEPTS, INC. d/b/a SUPERIOR COURT
PVC SOLUTIONS, INC. J.D. OF DANBURY
as Plaintiff

Vv.

ANTHONY COPPOLA,
as Defendant JUNE 27, 2023

PLAINTIFF’S APPLICATION FOR INJUNCTIVE RELIEF TO ENJOIN DEFENDANT
FROM FURTHER BREACHING HIS EMPLOYEE CONFIDENTIALITY
AGREEMENT AND ABSCONDING WITH OR OTHERWISE USING PLAINTIFF’S
CONFIDENTIAL INFORMATION AND/OR PROPRIETARY DATA

Plaintiff, PVC CONCEPTS, INC. d/b/a PVC. SOLUTIONS, INC. (“PVC”), by and

through the undersigned Counsel, hereby makes an application pursuant to General Statutes §52-

47\ et seq. to immediately enjoin its former Vice President Defendant, ANTHONY COPPOLA

(Mr. Coppola”), from further breaching a certain employee confidentiality agreement and

absconding with or otherwise using PVC’s confidential information and proprietary data, and

says:

1 In support of this Application, PVC includes the following

a. Summons and Verified Complaint;

b. Order to Show Cause and Summons for Hearing; and

c. Request for Bond Waiver?

2. As alleged in further detail in the Verified Complaint included herein, PVC is a

construction materials supplier located out of 15 Great Pasture Rd., Unit #2, Danbiiry, GTPBIO §go2
aa aoa
3! ae E
'PVC’s President DANY LETOURNEAU has Verified the Complaint in conformanep an
General Statutes §52-473(b). a &
Hos
7If a bond is required by this Court, PVC respectfully requests that it be allowed to eG Cinisd 3§ z
Application/Verified Complaint first, and then obtain a bond, as this is an =e sifudtion" 5
and obtaining a bond can be time consuming. a
1
FILED —
JUN 28 2023
SUPERIOR co
JUDICIAL DISTRIC
F DANBURYIG.A 3
(Verified Complaint; 41) and has been providing affordable PVC products to contractors and

owners alike throughout the State of Connecticut for many years (Verified Complaint; 2).

3 On or before August 14", 2019, Mr. Coppola was offered employment at PVC as

the Vice President of Operations (Verified Complaint; §4).

4 As the Vice President of Operations, Mr. Coppola had access to certain

confidential business information and proprietary data belonging to PVC including client lists,

contact points and other information such as PVC’s pricing, inter alia (Verified Complaint; 5).

5 As a condition of his employment at PVC, Mr. Coppola was furnished with and

signed an Employee Confidentiality Agreement on August 14%, 2019 (Verified Complaint; {{6-

7). A true copy of PVC’s Employee Confidentiality Agreement, which is fully signed and

executed by PVC and Mr. Coppola on August 5, 2019 and August 14", 2019 respectfully, is

attached hereto as Exhibit 1.

6 From on or about August 14", 2019, to on or about June 14", 2023, Mr. Coppola

was employed as the Vice President of Operations until he abruptly and unexpectedly resigned

on or about June 14", 2023 (Verified Complaint; 19).
7
While Mr. Coppola offered to stay on at PVC for the industry standard two weeks

after his resignation, PVC was concerned about safeguarding its confidential employment

information and proprietary data. Now, PVC knows that it was right to be concerned about Mr.

Coppola’s departure (Verified Complaint; {{10-12).

8 On Wednesday, June 14", 2023, at 3:56 p.m., Mr. Coppola, by and through his

PVC email (anthony@pvesolutionsgroup.com) and on PVC property, emailed PVC’s “All

Contacts.vcf” file to himself at “acoop911” which is believed to be his personal email address
(ie.: “acoop” a/k/a Anthony Coppola) (Verified Complaint; §12). A copy of Mr. Coppola’s June

14", 2023 email, excluding the confidential attachment itself, is attached hereto as Exhibit 2.

9. PVC submits that Mr. Coppola absconding with its client contacts list (Exhibit 2)

is a clear and obvious breach of the Employee Confidentiality Agreement (see Exhibit 1 at

Article 1 at Sections A-F define what is confidential information and proprietary data).

10. Very importantly, as Verified by DANY LETOURNEAU, the President of PVC,

almost immediately after Mr. Coppola’s departure from PVC, its customer call volume dropped

significantly (Verified Complaint; 16). At this time, PVC does not know how much damage Mr.

Coppola has done (Verified Complaint; {{[18-19), but knows that this is a very time sensitive

emergency issue.

ll. Accordingly, PVC seeks an ex parte order to temporarily or permanently enjoin

Mr. Coppola from: 1) Further violating the Employee Confidentiality Agreement; 2)

Misappropriating PVC’s client(s); and 3) Absconding with, ‘sharing or otherwise using any

confidential information or proprietary data belonging to PVC (i.e. Exhibit 2).

12. Unless immediate temporary or permanent relief is awarded to PVC by this Court

to enjoin Mr. Coppola as set forth in Paragraph 11 herein, Plaintiff will suffer immediate

irreparable harm as more fully set forth as follows:

a. Mr. Coppola has already or will soon use PVC’s confidential information and

proprietary data for his own benefit; and/or

b. Mr. Coppola has already or will soon use PVC’s confidential information or

proprietary data for the benefit of third parties such as a competitor (which, again,

would also be to his own benefit).
13. PVC asks for immediate ex parte relief from the Court because there is no

adequate remedy at law. Once Mr. Coppola acts, to the extent he has not acted already, the

damage to PVC cannot be undone, and immediate and irreparable harm will occur to PVC unless

and until the Court exercises its equitable powers to temporarily enjoin the action(s) of Mr.

Coppola until a hearing may be held thereon.

14. A prior application for injunctive relief has not been made in this matter.

15. PVC believes it has a strong likelihood of prevailing on the merits of its claims

because it has a fully signed and executed Employee Confidentiality Agreement with Mr.

Coppola (Exhibit 1) and evidence of Mr. Coppola breaching same in writing gathered right from

PVC property (Exhibit 2).

16. Unless the Court grants immediate ex parte injunctive relief to PVC to enjoin Mr.

Coppola as set forth herein at Paragraph 11, Mr. Coppola will be permitted to cause irreparable

harm to PVC.

WHEREFORE, Plaintiff/Applicant, PVC CONCEPTS, INC. d/b/a PVC SOLUTIONS,

INC., moves for the following ex parte order(s) until an emergency hearing can be had:

1 That Defendant ANTHONY COPPOLA be temporarily and, if applicable,

permanently enjoined from violating or further violating Plaintiff's Employee

Confidentiality Agreement (Exhibit 1);

That Defendant ANTHONY COPPOLA be temporarily and, if applicable,

permanently enjoined from misappropriating or further misappropriating

Plaintiffs PVC CONCEPTS, INC. d/b/a PVC SOLUTIONS, INC. client(s); and
On

That Defendant ANTHONY COPPOLA be temporarily and, if applicable,

permanently enjoined from using, publishing or otherwise sharing Plaintiff's

Confidential Information and Proprietary Data (as defined in Exhibit 1; Article 1

Sections A-F);

That Defendant ANTHONY COPPOLA pay Plaintiff's attorney’s fees, costs and

disbursements in connection with initiating this Action and filing this Application;

and

Any other relief the court may deem just and proper in equity.

THE APPLICANT/PLAINTIFF
PVC SOLUTIONS, INC.,

By: ustin & Brown,

Austin S. Brown, Esq.
Welby, Brady & Greenblatt, LLP
11 Martine Ave., 15" Floor
White Plains, NY 10606
Juris No. 440872
(914) 428-2100
abrown@wbgllp.com
EXHIBIT 1
ANA
SOLUTIONS
EMPLOYEE CONFIDENTIALITY AGREEMENT

This Confidentiality Agreementis entered into between:

Gp Hhoacj Copa ole

and

and PVC Solutions,Inc.

RECITALS:
A. The success of an Employer's business depends on Employe! rs possession of confidential, proprietary
,
information, not generally known to others, including specialized information about research, development
production, marketing, and managemen tin Employer's chosen fields.

agree to
B. Employer wishes to protect its confidential proprietary information and ensure that all employees
maintain the confidentiality of this information.

that
C. Employee acknowledges that Employer desires to protect its confidential proprietary information,
hisher employment creates a duty of trust and confidentiality to Employer with respect to its confidential
with Employer, Employee
proprietary information and, as a condition of employment or continued employment
agrees to be bound by the terms of this Agreement.

AGREEMENT:

WHEREFORE, Employer and Employee agree as follows:

ARTICLE I: CONFIDENTIAL INFORMATION

data not generally known
A. The terms “Confidential Information and “Proprietary Data" mean information and
‘outside the company concerning Employer or its businesses and the Employer's business and technical
information, including but not limited to, patent applications, information relating to inventions, discoveries,
products, plans, calculations, concepts, desi ign sheets, design data, system design, blueprints, computer
programs, algorithms, software, firmware, hard) ware, manuals, drawings, photographs, devices, samples,
and
models, processes, specifications, instructions, research, test procedures and results, equipment, identity
description of computerized recot rds, customer lists, supplier identity, marketing and sales plans, financial
information, business plans, costs, pricing information, and all other concepts or ideas involving or reasonably
as to
related to the business or prospective business of Employer, or information received by the Employer
which there is a bona fide obligation, contractual or otherwise, on Employer's part, not to disclose same.

constitute trade
B. Employee understands and agrees that the Confidential Information and Proprietary Data
secrets of Employer and that at all times material to this Agreement,
Employer has taken all reasonable steps to protect the confidentiality of this information.

other
C. Employee agrees not to use Confidential Information and/or Proprietary Data for the benefit of any
person, corporation or entity, other than the Employer, during the term of employee's employment with
Employer, or any time thereafter . For purposes of this Agreement, the period of Employee's employment shall
include any time during which Employee was retained as a consultant by Employer.

and remain the exclusive
D. Employee agrees that the Confidential Information and Proprietary Data shall be
property of Employer and shall not be removed from the premises of Employer under any circumstances
to
whatsoever without the prior written consent of Employer, and if removed, shall be immediately réturned
may be kept by Employee.
Employer upon any termination of Employee's employment, and no copies thereof
containing
E. Alfnotes, notebooks, memorandums, computer disks and other similar repositories of information
or relating in any way to Confidential Information and/or
Proprietary Data shall be the property of Employer. All such items made or compiled by Employee or made
available to Employee during the period of employment, including all copies thereof, shall be held by Employee
in trust and solely for the benefit of Employer and shall be delivered to the Employer by Employee upon
termiriation of employment with Employer, or at any other time upon the request of the Employer.

F, Employee agrees that Employee shall not disclose to any other person or entity, either directly or indirectly,’
the Confidential Information and/or Praprietary Data, Employee understands that the use or disclosure of any
of the Confidential Information and/or Proprietary Data may be cause for an action at law or in equity in an
Appropriate court of the State of Connecticut or of any state of the United States, or in any federal court, and
that without waiving the right to collect damages from Employee, Employer shall be entitled to an injunction
prohibiting the use or disclosure of the Confidential Information and Proprietary Data,

ARTICLE II: INVENTIONS
A. Employee shall promptly disclose to Employer, in writing, all inventions, ideas, discoveries, and
improvements whether or not patentable or registrable under Copyright or similar statutes, made or conceived
or reduced to practice or learned by Employee, either alone or jointly with others, during the period of
employment with Employer. Employee agrees that all such inventions (intellectual, visual of material) are the
sole property of Employer.

B. Employee assigns to Employer all right, title and interest in and to any and all inventions, ideas, discoveries,
and improvements, with the exception of inventions, ideas, discoveries, and improvements that qualify for
protection under Section C below.

C. This Agreement does not require assignment of an invention that is fully qualified for protection under
relevant state labor code(s), which may provide as follows:

Any provision in an employment agreerrient which provides that an employee shall assign or offerto
assign any of his or her rights in an invention to his or her employer shall not apply to an invention for
which no equipment, supplies, facility or trade secret information of the employer was used and which
was developed entirely on the employee's time, and (a) which does not relate (1) to the business of the
employer or (2) to the employer's actual or demonstrably anticipated research or development, or (b)
which does not result from any work performed by the employee for the employer.

D. Any inventions, ideas, discoveries, and improvements conceived or made by
Employee prior to the execution of this Agreement and not intended to be included within its provisions are
listed or described on Exhibit "A" attached to this Agreement, and the absence of any such list or description
indicates that there are no such inventions, ideas, discoveries, or improvements not covered by this
Agreement.

ARTICLE Ill: COVENANT NOT TO COMPETE
t Employer, Employee agrees not to engage in any business competitive
A. During Employée’s employmenwith
with any business of Employer without Employer's prior written consent.

B. After termination of employment with Employer, Employee agrees that if he/she engages in employment or
other activities independently or in association with others in any business competitive with any business of
Employer or any businéss which may reasonably be expected to compete with any business of Employer,
Employee is required to inform the prospective employer of association that Employee cannot divulge any
secrets or Confidential or Proprietary Information that Employee may have learned during Employee's
employmenwith t Employer. “In association with others" shall include accepting any employment with, or
rendering, directly or indirectly, advice or assistance of any kind to any person, partnership, corporation,
association, or other organization.

ARTICLE IV: NATURE OF RELATIONSHIP

Itis expressly understood and agreed that this Agreement does not create or define the terms of any contract
of employment, whether expressed or implied, nor does this Agreement create any guarantee of continuing
employment between Employer and Employee. The parties understand and agree that Employee's relationship
with Employer is terminable “at will," such that either Employer or Employee may terminate the relationship
with or without cause or prior notice to the other party.

ARTICLE VI: MISCELLANEOUS PROVISIONS
A. This Agreement shall inure to the benefit of the successors and assigns of the
Employer, and shall be binding upon the Employee's heirs, assigns, administrators and representatives.
B.A provisions of this Agreement shall be severable for purposes of enforcement.
If any provision or clause of this Agreement is unenforceable at law or in equity, such clause or provision shall
be severed from the remainder of this Agreement, and the remainder of this Agreement shall continue to be
enforceable, according to its terms.

C. This Agreement shall be interpreted under and governed by the laws of the State of California as applied to
an agreement made and wholly performed within said State.

D. This Agreement sets forth the entire Agreement as to its subject matter. No modification, amendment,
termination or waiver of this Agreement shall be binding unless in writing and signed by a duly authorized
officer of Employer. Failure of Employer to insist upon strict compliance with any of the terms, covenants or
conditions of this Agreement shall not be deemed a waiver of such terms, covenants or conditions.

E. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter
hereof and supersedes any previous agreements between the parties relating to inventions and confidentiality.

F. In the event of any dispute related to this Agreement, the prevailing party in that dispute shall recover its
attorney fees.

G. This Agreement shall be effective on the date last written below.

! rte
See Capp ole PVC
SOLUTIONS, INC
Employee Employer

(ey Cy be (Q
Signature oF Employee Signature of Employer Representative

President
Title

BYES 4/5 [\
Date Date
EXHIBIT 2
a
All Contacts Tresh x 2 a2 G

3 Anthony Coppola ® Jun 14, 2023, 3:56PM {8 days ago) a
to-acopp9it +

On Wed, Jun 14, 2023 at 3:36 PM PVC Anthony wrote:

: Sent from my iPhone

All Contactsivef
v

coe ene

Case Info

Judge

BARBARA BRAZZEL-MASSARO Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

June 28, 2023

Case Filing Date

June 28, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Motion,Ex Parte: PVC CONCEPTS, INC. DBA v. COPPOLA, ANTHONY

Preview

Related Topics

Case Info

Parties