Complaint,Petition: WHEELS BOUTIQUE, INC. VS DAVID CYRIL NUSSBAUM III

On February 07, 2024 a Complaint,Petition was filed involving a dispute between Wheels Boutique, Inc., and Nussbaum Iii, David Cyril, for Business Torts in the District Court of Miami-Dade County.

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DocuSian Envelope ID: 4B803CA0-6FF6-4732-8FE7-E31093FD2A59
Filing # 191496134 E-Filed 02/07/2024 04:57:30 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

WHEELS BOUTIQUE, INC., a Florida CASE NO.:
Profit Corporation,

Plaintiff,
VS.

DAVID CYRIL NUSSBAUM I, an}
individual,

Defendant.

VERIFIED COMPLA

Plaintiff, Wheels Boutique, Inc. (“Wheels Boutique”), by and through its undersigned

counsel, sues Defendant, David Cyril Nussbaum III (“Nussbaum”), and in support thereof states

as follows:

PARTIES, JURISDICTION, AND VENUE

1 Plaintiff Wheels Boutique, Inc. is a Florida Profit Corporation incorporated under

the laws of the State of Florida with its principal place of business in Miami-Dade County, Florida,

and is otherwise sui juris.

2 Defendant David Cyril Nussbaum III is an individual residing in Miami-Dade

County, Florida, and is otherwise sui juris.

3 This is an action for damages in excess of $50,000.00 exclusive of interest,

attorney's fees and costs.

4 This is partially an action in equity for temporary injunction against Nussbaum for

misappropriation of trade secrets and beach of the fiduciary duty of loyalty.

5 This Court has subject-matter jurisdiction under section 26.012, Florida Statutes.

6. Venue is proper in Miami-Dade County, Florida because this is where Defendant

resides and where the causes of action accrued.

&
BARAKAT.
+BOSSA
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 * Tel: 305-444-3114 * service@b2b.legal
DocuSign Envelope ID: 4B803CA0-6FF6-4732-8FE7-E31093FD2A59
Wheels Boutique, Inc. v. David Cyril Nussbaum IIT
Complaint
Page 2 of 8

GENERAL ALLEGATIONS
7
Wheels Boutique is an automotive customization shop located in Miami, Florida

that specializes in luxury vehicles.

8 Wheels Boutique handles its customers private information with the outmost care

as detailed in its privacy policy!.

9 Wheels Boutique maintains its list of customers on a secured software under

password protection.

10. Wheels Boutique’s customer list constitutes a proprietary trade secret.

11. Wheels Boutique placed substantial effort, time, and money into the creation of its

customer list including advertising, person to person meetings with client and culling of the list to

identify good customers.

12. Wheels Boutique protects it from dissemination by, inter alia, limiting access and

password protection.

13. This customer list cannot be recreated from publicly available records and is not

publicly available information.

14. On or about 2014, Wheels Boutique hired Nussbaum to serve as a sales

representative at the shop.

15. As a sales representative, Nussbaum had access to Wheels Boutique’s customer

list.

16. On or about September 2023, Nussbaum requested paternity leave from his

employment at Wheels Boutique which Wheels Boutique granted. As such, Nussbaum has been

absent from the shop most days since September 2023

1 https://wheelsboutique.com/company/privacy-policy

17. Wheels Boutique later discovered that Nussbaum used this leave to organize,

incorporate and beginning to run a competing business.

18. During that time, Nussbaum diverted proprietary information from Wheels

Boutique to his new business, including Wheels Boutique’s customer list,

19. Nussbaum, without permission, removed from Wheels Boutique’s premises, client

merchandise, physical copies of order forms containing customer’s confidential preferences and

information including sensitive financial data such as credit card information.

20. Nussbaum contacted Wheels Boutique’s vendors to establish relationships with

them for his competing business.

21. Nussbaum caused a client of Wheels Boutique, with a pending installation job, to

cancel said job and instead diverted the client to a competitor of Wheels Boutique.

22. Nussbaum has contacted multiple clients of Wheels Boutique via phone including

phone calls placed from Nussbaum’s personal cellphone on or about February 1, 2024, and

February 2, 2024.

23. As part of his employment, Nussbaum maintained an Instagram account for

marketing purposes using Wheels Boutique’s branding and name, content, and followers’ base.

24. Now, Nussbaum has removed Wheel Boutique’s name from the Instagram account

but continues to exploit and appropriate Wheels Boutique’s content and followers base for his

competing business.

25. There is no adequate remedy at law because the cumulative effect of widespread

theft of Wheels Boutiques’ customers, and private customer information.

26. There is substantial likelihood of success on the merits.

27. There is a substantial likelihood of irreparable harm in this case for the following

reasons:

First, once customers are lost, it is nearly impossible to reclaim them.

Second, because Wheels Boutiques’ competition is in a public medium, the

widespread effects of this cannot be contained nor repaired.

Third, Nussbaum’s breach of fiduciary duty of loyalty owed by all employees and

theft of trade secrets threatens Wheels Boutiques’ goodwill and supplier

relationships.

Fourth, because it is difficult, if not impossible to quantify the damage to Wheels

Boutiques’ business resulting from Nussbaum’s breach of fiduciary duty and theft

of trade secrets.

28. The threatened injury to Wheels Boutique outweighs any possible harm to

Nussbaum as Wheels Boutique has an established business and a brand, whereas Nussbaum is

poaching clients for a direct competitor of Wheels Boutique.

29. Wheels Boutique has been forced to hire the undersigned law firm and must pay a

reasonable fee for its service.

30. All conditions precedent to the maintenance of this action have been fulfilled.

VERIFICATION

I, Benjamin Bermudez, as Wheels Boutique’s president, hereby verify under penalty of

perjury that the facts set forth in the General Allegations of the foregoing Verified Complaint are

true and correct to the best of my knowledge, information, and belief.

DocuSigned by:
amine Burmuder)
4818076424486.
Wheels Boutique, Inc.

Title:
Pres 4a
Name: Be ny min Bermudez
lent

COUNT I- TEMPORARY INJUNCTION

37. Wheels Boutique re-alleges the General Allegations above as if fully set forth

herein.

38. This is an action for an injunction based on Nussbaum’s breach of fiduciary duty

and theft of trade secrets.

39. The injunction is reasonably necessary for Wheels Boutique to protect its trade

secrets, including its customer’s confidential information.

40. Nussbaum’s competition stemming from his breach of fiduciary duty of loyalty and

theft of trade secrets presents a substantial likelihood of irreparable harm to Wheels Boutique, for

which there is no adequate remedy at law.

Al. There is a substantial likelihood that Wheels Boutique will succeed on the merits

of its claim for breach of fiduciary duty of loyalty and theft of trade secrets through an injunction.

42. The threatened injury to Wheels Boutique outweighs any possible hardships to

Nussbaum.

43. The granting of a temporary injunction will not disserve the public interest.

WHEREFORE, Plaintiff Wheels Boutique, Inc. requests that this Court issue an

injunction preventing Defendant David Cyril Nussbaum III and his agents, employees, and

representatives, from further appropriating and benefiting from Wheels Boutique’s proprietary

information obtained in breach of his fiduciary of loyalty and which constituted a theft of trade

secrets. This includes preventing him from utilizing any information gained from his previous

employment, for attorney’s fees and costs, and for such reliefas this Court deems just and proper.

COUNT II —- BREACH OF FIDUCIARY DUTY OF LOYALTY

60. Wheels Boutique re-alleges the General Allegations as if fully set forth herein.

61. A fiduciary duty exists between Wheels Boutique and Nussbaum by reason of his

employment.

62. Nussbaum gained access to Wheels Boutique’s Trade Secrets through his

employment.

63. As an employee of Wheels Boutique, Nussbaum was bound to comply with Wheels

Boutique’s privacy policy.

64. As an employee of Wheels Boutique, Nussbaum owed Wheels Boutique fiduciary

duties including the duty of loyalty.

65. Nussbaum breached his fiduciary duty by misappropriating trade secrets of Wheels

Boutique, by creating a competing business and by siphoning business away from Wheels

Boutique to direct competitors.

66. Wheels Boutique has been damaged due to Nussbaum’s breach of his fiduciary duty

of loyalty.

67. Wheels Boutique is entitled to recover damages as a result of the breach.

WHEREFORE, Plaintiff Wheels Boutique, Inc., requests that this Court enter judgement

against Defendant David Cyril Nussbaum III for damages, costs, and for such relief that this Court

deems just.

COUNT III - THEFT OF TRADE SECRETS
§ 688.001, et. seg., Fla. Stat

44. Wheels Boutique re-alleges the General Allegations as if fully set forth herein.

45. Wheels Boutique is entitled to the protections of Florida’s Uniform Trade Secret

Act (the “Act”).
46. Nussbaum gained access to Wheels Boutique’s Trade Secrets through his

employment.

47. Nussbaum acquired such information under circumstances giving rise to a duty to

maintain its secrecy or limit its use.

48. Wheels Boutique’s Trade Secrets as described above constitute Trade Secrets as

defined by the Act.

49. Wheels Boutique derives economic value from the maintenance and protection of

its customer’s confidential financial information, which Wheels Boutique takes reasonable efforts

to maintain the secrecy of.

50. Nussbaum has unlawfully retained and benefited from the use or disclosure of the

confidential financial information of Wheels Boutique’s customers.

51. Wheels Boutique has been damaged by Nussbaum’s use of the confidential

information.

WHEREFORE, Plaintiff Wheels Boutique, Inc., requests that this Court enter judgement

against Defendant David Cyril Nussbaum III for damages, costs, and for such relief that this Court

deems just.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: February 6, 2024

[THIS SPACE IS INTENTIONALLY
LEFT BLANK]

Respectfully submitted,

BARAKAT + BOSSA, PLLC
Attorneys for Wheels Boutique, Inc.
2701 Ponce de Leon Blvd., Suite 202
Coral Gables, Florida 33134
Tel (305) 444-3114
Fax (305) 444-3115

By: /s/Brian Barakat
BRIAN BARAKAT
Florida Bar No. 457220
barakat@b2b.legal
service@b2b.legal
cguzman@b2b.legal
DANIELLE V. LATTE
Florida Bar No. 1048755
dlatte@b2b.legal

&
BARAKAT.
+BOSSA
2701 Ponce de Leon Blvd., Suite 202, Coral Gables, FL 33134 * Tel: 305-444-3114 * service@b2b.legal

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CA04 - Downtown Miami - Judge Ruiz, Mavel Track Judge’s New Case

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Document Filed Date

February 07, 2024

Case Filing Date

February 07, 2024

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Complaint,Petition: WHEELS BOUTIQUE, INC. VS DAVID CYRIL NUSSBAUM III

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