Preview
Filing # 59090821 E-Filed 07/17/2017 12:21:10 PM
IN THE CIRCUIT COURT OF THE17"
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-17-012170 (04)
GOURMET SEAFOOD WORLD, LLC,
a Florida Limited Liability
Plaintiff,
vs.
DELUXE SEAFOOD GROUP, LLC,
a Florida Limited Liability Company,
DIAMOND CENTURION GROUP, LLC,
a Florida Limited Liability Company,
VADIM BULAVCHIK,
SAMANTHA KNOWLES,
DAVID LEE WHATLEY JR.
and ZACHARY DAVID TAYLOR
Defendants.
/
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
COMES NOW, Plaintiff, Gourmet Seafood World, LLC ("GSW") by and
through its undersigned counsel and moves this Honorable Court, for the entry of a
preliminary injunction requiring the Defendants, VADIM BULAVCHIK, SAMANTHA
KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR to
immediately terminate their employment or other association of any type or nature with
DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability Company (“DSG”)
and to refrain from further violation of the restrictions contained in (the "Confidentiality
Agreement") or to make any use of the GSW Trade Secrets as more particularly
described in the Verified Complaint attached to this Motion. Plaintiff further seeks
injunctive relief prohibiting WADIM BULAVCHIK, SAMANTHA KNOWLES,
DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR from using and
disclosing confidential information belonging to GSW obtained as a result of the theft of
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 7/17/2017 12:21:09 PM.****trade secret protected information belonging to GSW. In support of its Motion, GSW
states as follows:
Background
1. GSW is a wholesale purveyor of gourmet seafood products, such as
Alaskan King Crab, caviar and other delicacies. GSW’s presence is international and it
has expended a substantial amount of capital and effort to promote and market its
services throughout the Western Hemisphere.
2. As set forth in the attached Verified Complaint, on or about April 24,
2017, Defendants, VADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE
WHATLEY JR. and ZACHARY DAVID TAYLOR entered into the business premises
of GSW and stole confidential information and trade secrets belonging to GSW for the
purpose of operating a competing business to GSW known as DELUXE SEAFOOD
GROUP, LLC, a Florida Limited Liability Company (“DSG”). Primary among the
people involved in this theft was Defendant, VADIM BULAVCHIK, a former member,
manager and officer of GSW and the principal of DSG. The other individual Defendants
were, as described in the attached Verified Complaint, employees holding managerial
positions with GSW.
3. Defendants, KNOWLES, WHATLEY and TAYLOR, as a condition and
requirement of their employment with GSW, executed and delivered to GSW
confidentiality and noncompetition agreements (“GSW Noncompete Agreements”) in
form and substance similar to that attached hereto as Exhibit A. 1
4, The terms of the GSW Noncompete Agreements specifically prohibit
Defendants, KNOWLES, WHATLEY and TAYLOR from engaging in any activities,
directly or indirectly which are or may be in conflict with the interests of or in
competition with GSW. The GSW Noncompete Agreements further prohibit Defendants,
KNOWLES, WHATLEY and TAYLOR from directly or indirectly engaging in any
business which is or may be directly or indirectly in conflict with the interests of GSW
during Defendants, KNOWLES, WHATLEY and TAYLOR’s employment with GSW
l Plaintiff, GSW, is unable to attach the actual GSW Noncompete
Agreements signed by Defendants, KNOWLES, WHATLEY and TAYLOR, due to
their theft of these documents from GSW’s premises, as is more
particularly described in the Complaint.
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301and for a period of two (2) years immediately thereafter.
5. In addition, the GSW Noncompete Agreements prohibit the Defendants,
KNOWLES, WHATLEY and TAYLOR from using any “Confidential Information” of
GSW during their employment with GSW and for a period of two (2) years immediately
thereafter. The GSW Noncompete Agreements define “Confidential Information” as
information and other knowledge regarding various aspects of the business of GSW,
including, without limitation, knowledge regarding GSW’s customers, accounts, referral
sources, vendors, suppliers, business methods, marketing methods, processes, operations,
employment practices, intellectual property, patents, copyrights, trade secrets, computer
hardware, computer software, software sources, codes, procedures and forms.
Procedural Status
6. GSW has filed contemporaneously herewith, its Verified Complaint for
Damages and Injunctive Relief setting forth the basis for issuance of a preliminary and
permanent injunction against VWADIM BULAVCHIK, SAMANTHA KNOWLES,
DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR. A true and correct
copy of the filed Verified Complaint for Damages and Injunctive Relief is attached to this
motion as Exhibit B. All Defendants were served with the Verified Complaint for
Damages and Injunctive Relief on or about June 30, 2017 and are on notice of the claims
made by the Plaintiff.
7. As set forth in the attached Verified Complaint, Defendants, VADIM
BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and
ZACHARY DAVID TAYLOR entered into the business premises of Plaintiff, GSW
and without the knowledge and consent of any of the other members/owners of GSW,
accessed the business computers and physical files of GSW and stole Confidential
Information of GSW (as defined in the GSW Noncompete Agreements), including
without limitation customer and client lists, advertising and marketing materials,
trademarks and logos, pricing information, supplier information, financial and accounting
information, social media marketing methods and processes, ecommerce marketing
methods and processes (hereinafter the “GSW Trade Secrets”), all in furtherance of the
business purposes of Defendant, DSG and to the detriment of Plaintiff, GSW.
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 333018. The GSW Trade Secrets were stolen by Defendants, BULAVCHIK,
KNOWLES, WHATLEY and TAYLOR by making physical copies of information
stored on GSW’s computer system, as well as by taking possession of physical files of
GSW. The foregoing actions were captured on the security cameras and security
recordings of Plaintiff, GSW and memorialized in a police report filed with the Davie
Police Department.
9. The GSW Trade Secrets obtained by improper means by Defendants,
BULAVCHIK, KNOWLES, WHATLEY and TAYLOR, were, at all times material to
this action “Trade Secrets” as defined by Fla.Stat.§688.002 as Plaintiff, GSW derived
and derives actual and potential independent economic value from the information and
materials taken by Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR not being generally known to, and not being readily ascertainable by proper
means by other persons who can obtain economic value from its disclosure or use, such
as Defendant, DSG and as Plaintiff, GSW used efforts that are reasonable under the
circumstances to maintain the secrecy of the information and materials taken by
Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR.
10. Upon information and belief, the trade secret information and materials
obtained by improper means by Defendants, BULAVCHIK, KNOWLES, WHATLEY
and TAYLOR were subsequently misappropriated by Defendant, DSG. GSW is entitled
to injunctive relief for Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR’ misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2)
and (3).
Il. Upon information and belief, after accessing GSW’s confidential
information, defendants KNOWLES, WHATLEY and TAYLOR accepted employment
with DELUXE SEAFOOD GROUP, LLC, an entity acting in direct competition with
the business of GSW.
Relief Sought
12. Were KNOWLES, WHATLEY and TAYLOR allowed to violate the
terms of the restrictive covenants set forth in the GSW Noncompete Agreements, make
unauthorized use of GSW’s Confidential Information and Trade Secrets for the benefit of
third parties such as DSG, and to continue in employment with DSG or participate in the
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301business of DSG, directly or indirectly, in any other capacity as a consultant, independent
contractor or owner of DSG, GSW’s client relationships, marketing efforts, market
presence and its business would be irreparably jeopardized.
13. Accordingly, GSW has a clear right to an injunctive relief as Defendants,
BULAVCHIK, KNOWLES, WHATLEY and TAYLOR's violations of the GSW
Noncompete Agreements and theft of the GSW Trade Secrets are irrefutable, as GSW has
no viable legal remedy and will suffer irreparable damages in the event that an injunction
is not issued preventing Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from violating the restrictive covenants contained in the GSW Noncompete
Agreements and using the GSW Trade Secrets, and as the enforcement of the restrictive
covenants contained in the GSW Noncompete Agreements and provisions of F.S.
§688.003(1), (2) and (3) are reasonably necessary to protect the legitimate business
interests of GSW described in the preceding paragraphs.
14. The issuance of an injunction will serve the public interest by aiding
commerce and instilling confidence in the power of the Courts to enforce the protections
afforded by the applicable Florida statutes protecting the interest of owners of trade
secrets in and to those trade secrets as well as the protection set forth in noncompetition
and confidentiality agreements and will otherwise aid the orderly flow of commerce as
well as to deter others from engaging in blatant violations of the restrictions contained in
similar agreements.
WHEREFORE, for the reasons aforesaid, Plaintiff, GOURMET SEAFOOD
WORLD, LLC seeks entry of a preliminary and permanent injunction granting the
following relief:
a. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from directly soliciting GSW’s clients and customers;
b. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from interfering with or attempting to impair the relationship between GSW
and any person or firm that is a customer or client of GSW;
c. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from directly or indirectly soliciting, enticing, hiring or otherwise inducing
any customer of GSW to terminate such customer relationship with GSW;
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301d. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from disclosing GSW’s Confidential Information and Trade Secrets to
DELUXE SEAFOOD GROUP, LLC, or to any other person or entity without GSW's
prior written authorization;
e. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from otherwise using GSW’s Confidential Information and Trade Secrets to
the detriment of GOURMET SEAFOOD WORLD, LLC;
f. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from otherwise using GSW’s Trade Secrets to the detriment of GOURMET
SEAFOOD WORLD, LLC pursuant to F.S. §688.003(1), (2) and (3)
g. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR from continuing in employment in any capacity with DELUXE SEAFOOD
GROUP, LLC, or in any other manner, directly or indirectly work for, own, invest in,
direct, or aid any company or person engaged in competition with GSW within the
United States;
h. granting GSW an award of its reasonable attorneys fees and costs incurred
in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement;
and
i. granting such other and further relief as this honorable Court deems just
and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed this
17" day of July, 2017.
HARTLEY LAW OFFICES, PLC
12 Southeast Seventh Street
Suite 606
Fort Lauderdale, Florida 33301
Telephone: (954) 357-9973
Facsimile: (954) 357-2275
Email: hartley@hartleylaw.net
By:/s/Timothy M. Hartley
TIMOTHY M. HARTLEY
FL BAR NO. 979066
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301EXHIBIT A
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301GOURMET SEAFOOD WORLD
The undersign| (“I”),
in consideration of my employment by Gourmet Seafood World, LLC, a Florida limited liability ( “GSW” or “the
Company” ), hereby acknowledge the following confidentiality and non-competition policy of the Company:
CONFIDENTIAL INFORMATION:
I understand and agree that I have or will acquire confidential information and other knowledge regarding various
aspects of the business of my Company, including, without limitation, knowledge regarding the Company’ s customers,
accounts, referral sources, vendors, suppliers, business methods, marketing methods, processes, operations, employment
practices, intellectual property, patents, copyrights, trade secrets, computer hardware, computer software, software sources,
codes, procedures, and forms (the “Confidential Information” ). | further understand and agree that Confidential
Information, as it may exist from time to time, is a valuable, special, and unique asset of the Company, and that in the event I
use or disclose the Confidential Information, the Company will suffer irreparable harm and financial loss. So long as 1 am
employed by the Company, and for a period of Two (2) Years immediately thereafter, I will not use or disclose the
Confidential Information nor any part thereof, directly or indirectly, or through others, to any person, firm, Company,
association, partnership, or other entity for any reason or purpose whatsoever.
CONFLICTS OF INTEREST
I understand and agree that, without the prior written consent of the Company. | will not engage in any activities,
directly or indirectly, which are or may be in conflict with the interests of or in competition with the Company. So long as I
am employed by the Company, and for a period of Two (2) Years immediately thereafter, I will not, directly or indirectly, or
through others, in any manner whatsoever, either individually, in partnership, jointly, or through any firm, association,
syndicate, company, or Company as a principal, agent, partner, member, shareholder, director, officer, licensor, employer,
employee, or in any manner whatsoever be employed by, act as an agent for, participate in, or be connected in any manner
with ownership, management, operation, or control of any business which is engaged in business which are or may be,
directly or indirectly, in conflict with the interest of or in competition with the Company. The following activities, without
limitation, shall be deemed to be in conflict with the interests of or competition with the Company:
1. Maintaining an ownership interest, financial interest, or any other relationship in or with, directly or indirectly,
or through others, any person, firm, or entity which is: (a) engaged in the provision of marketing services
using an automated process to schedule photography services and software to design marketing materials
( “the Business” ), (b) a client of the Company, (c) a affiliate of the Company, (d) a competitor of the
Company, (e) an agent of the Company, or (f) otherwise engage with Business with the Company;
2. Offering or accepting gifts or favors in violation of the Company’ s policies; or
3. Making use of the Confidential Information forssérsonal gain. \
Print Nene Signature
Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131
info@gourmetseafoodworld.com. Office: 305-363-2535 www.gourmetseafoodworld.comGOURMET SEAFOOD WORLD
SOLICITATION
So long as | am employed by the Company, and for a period of Two (2) Years immediately thereafter, I will neither
call, solicit, nor canvass, either for myself or any other person, firm, or entity directly or indirectly, or through others,
any of the Company’ s customers, clients, or contractors which I dealt , with whom I became acquainted, or of
whom I learned, either prior to or during my employment with the Company’ s personnel, whether employees or
independent contractors, to work in any way in or for any business that is or may, directly or indirectly, in conflict
with the interest of or competition with the Company.
INTELLECTUAL PROPERTY
Copyrights:
1 acknowledge that any work of authorship heretofore or hereafter authored or owned by we which relates to the
performance of my employment by the Company or the business of the Company shall be considered a “ work
made for hire “ within the meaning of the 1976 copyright Act. However, with respect to any or all portions of the
works of authorship which cannot be considered as a_ “work made for hire” , | shall and hereby do assign unto the
Company all right, title, and interest (including copyright) of every kind whatsoever in such portion of such works
of authorship. The rights vested in or assigned unto the Company shall comprise all of the rights in said works of
authorship of every kind , nature, and description, including, without limitation, photography, computer software,
software source codes, computer program listings, and rough draft thereof, and any and all documentation in support
thereof; (b) the right to secure copyright thereof anywhere throughout the world, in the Company’ s name or
otherwise;(c) any and all publication rights therein, in whatever form; (d) the right to use, license, exploit, sell, or
otherwise dispose thereof in any manner or for any purpose the Company sees fit; and (e) any and all subsidiary
rights therein.
Furthermore, I agree, so long as I am employed by the Company, and for a period of Two (2) years thereafter,
without charge to the Company, but at its request and its expense, to assist the Company and its nominees in every
proper way to obtain, and to vest in the Company or its nominees, copyrights in the works of authorship in all
countries, by executing all necessary or desirable documents, including, without limitation, application registration
for copyrights and assignments thereof, and to execute all other documents necessary or desirable to accomplish the
purposes and intents of this acknowledgement. I shall affix the copyright notice “COPYRIGHT GOURMET
SEAFOOD WORLD, LLC” or such other legally sufficient copyright notice on all works of authorship relating to
my employment with the Company, on all tangible documents, and all computers hardware used in such
employment. In addition, | shall incorporate such a copyright notice within all computer software in such a manner
that such copyright notice appears on all visually er or displays, either with or near the title of the
rin
Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131
info@gourmetseafoodworld.com. Office: 305-363-2535 www.gourmetseafoodworld.comGOURMET SEAFOOD WORLD
program, or at the end thereof, and on the exterior labeling of all computer disks, tapes, and manuals, and all copies
thereof.
Inventions and Patents:
1 agree that I will promptly, from time to time, fully inform and disclose in writing, to the Company all inventions,
designs, improvements, discoveries, programming concepts, and procedures, which I now have or may hereafter
have during the term of my employment by the Company which pertain or relate to the Business or to any
experimental work carried on by the Company, whether or not conceived by myself alone or with others and
whether or not conceived during regular working hours. In this regard, on a daily basis, I shall enter into a laboratory
type notebook provided by the Company all work on any such inventions, designs, improvements, discoveries,
programming concepts, and procedures. All such inventions, design, improvements, discoveries, programming
concepts, and procedure shall be the exclusive property of the Company. I shall assist the Company in obtaining
patents on all such inventions, designs, improvements, discoveries, programming concepts and procedures deemed
patentable by the Company, and I shall execute all documents and do all things necessary to obtain patent letters,
vest the Company with full and exclusive title thereof, and protect such items against infringement by others. I shall
also complete a confidential record of invention from or such other similar form provided by the Company on each
completed or substantially completed invention, design, improvement, discovery, programming concept, and
procedure.
ENFORCEMENT:
I acknowledge that (a) this Acknowledgement of Confidentiality Policy was separately bargained for and is
independent of any other agreement, and the existence of any claim or cause of action I have against the Company
whatsoever shall not constitute a defense to the enforcement by the Company of this Acknowledgement of
Confidentiality Policy, (b) the breach of any of the provisions of this Acknowledgement of Confidentiality Policy
will result in irreparable injury to the Company, which shall entitle the Company to all remedies for such breach or
threatened breach, including, without limitation, an injunction restraining me from such breach or threatened breach,
or such other equitable relief as is deemed appropriate by a court of competent jurisdiction, (c)in the event that this
Acknowledgement of Confidentiality Policy shall be determined by a court of competent jurisdiction to be
unenforceable by reason of it being extended for too great a period of time, or as encompassing too large a
geographic area, or over too great a range of activities, or any combination of these elements, I agree that this
Acknowledgement of Confidentiality Policy shall be interpreted to extend only over the maximum period of time,
geographic area, and range of activities to which such court of competent jurisdiction deems reasonable and
enforceable, (d) in the event that the Company is re gage the services of legal counsel in or enforce
Print Noe Signaturez Date:
Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131
info@gourmetseafoodworld.com. Office: 305-363-2535 www.gourmetseafoodworld.comSs
GOURMET SEAFOOD WORLD
its rights under this Acknowledgement of Confidentiality Policy against me, the Company shall be entitle to recover
reasonable attorney’ s fees and costs from me, which, in the event of litigation, shall include fees and costs incurred
prior to trial, during trial, subsequent to trial, and on appeal, (e) this Acknowledgement of Confidentiality Policy
shall be governed by and construed in accordance with the internal laws of the State of Florida, and (f) the exclusive
venue for any litigation instituted hereunder shall be Miami-Dade County, Florida.
ee
The undersigned,
Does hereby certified that I have read, understood, and agreed to the foregoing Acknowledgement of Confidentiality
Policy and that neither I nor, to the best of my knowledge, anyone else employed by the Company or under contact
with the Company is in violation of its provisions. Furthermore, | hereby agree to promptly report to the Company
any situation arising in the future which, in the exercise of my reasonable judgment, may involve a violation of its
provisions.
READ, UNDERSTOOD, AND AGREED TO:
Ei e
mploye fe
Print Name
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Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131
info@gourmetseafoodworld.com, Office: 305-363-2535 www.gourmetseafoodworld.comEXHIBIT B
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301Filing # 58240376 E-Filed 06/26/2017 12:26:48 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.:
GOURMET SEAFOOD WORLD, LLC,
a Florida Limited Liability
Plaintiff,
vs.
DELUXE SEAFOOD GROUP, LLC,
a Florida Limited Liability Company,
DIAMOND CENTURION GROUP, LLC,
a Florida Limited Liability Company,
VADIM BULAVCHIK,
SAMANTHA KNOWLES,
DAVID LEE WHATLEY JR.
and ZACHARY DAVID TAYLOR
Defendants.
VERIFIED COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF
COMES NOW Plaintiff, GOURMET SEAFOOD WORLD, LLC, a Florida Limited Liability
Company (hereinafter “GSW”) by and through its undersigned attorneys and files this Complaint
against the Defendants, DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability
Company (hereinafter “DSG”), DIAMOND CENTURION GROUP, LLC, a Florida Limited
Liability Company, (hereinafter “DCG”) VADIM BULAVCHIK (hereinafter
“BULAVCHIK”), SAMANTHA KNOWLES (hereinafter “KNOWLES”), DAVID LEE
WHATLEY JR. (hereinafter “WHATLEY”), and ZACHARY DAVID TAYLOR (hereinafter
“TAYLOR’), and alleges as follows:
Facts Common To All Counts:
1. This is an action seeking damages in excess of $15,000.00, exclusive of attorney’s
fees, costs and interest and for equitable and injunctive relief.
2. All conditions precedent to the bringing of this action has been fulfilled, or have
otherwise been waived.
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 333013. Plaintiff, GSW is a Florida limited liability in good standing and qualified to
conduct business in the State of Florida.
4. Defendant, DSG is a Florida Limited Liability Company in good standing with its
principal place of business in Broward County, Florida. Defendant, DSG is subject to the
jurisdiction of the Courts of this state and venue is proper in Broward County, Florida as this
Defendant has its principal place of business in Broward County, Florida and as all tortious
actions of this Defendant were committed in whole or in part, in Broward County, Florida.
5. Defendant, DCG is a Florida Limited Liability Company in good standing with
its principal place of business in Broward County, Florida. Defendant, DCG is subject to the
jurisdiction of the Courts of this state and venue is proper in Broward County, Florida as this
Defendant has its principal place of business in Broward County, Florida and as all tortious
actions of this Defendant were committed in whole or in part, in Broward County, Florida.
6. Defendant, BULAVCHIK, is subject to the jurisdiction of the Courts of this State
and venue is proper in Broward County, Florida as, upon information and belief, this Defendant
resides in Broward County, Florida and as the tortious actions of this Defendant were committed,
in whole or in part, in Broward County, Florida. At all times material to this action, Defendant,
BULAVCHIK, was a member and a manager of GSW.
7. Defendant, WHATLEY is subject to the jurisdiction of the Courts of this State
and venue is proper in Broward County, Florida as, upon information and belief, this Defendant
resides in Broward County, Florida and as the tortious actions of this Defendant were committed,
in whole or in part, in Broward County, Florida. At all times material to this action, Defendant,
WHATLEY, was an employee of GSW, managing transportation and logistics for GSW,
serving as its Sales Director and sales, pricing and supply information and, in this capacity has
access to all of the confidential accounting and financial information.
8. Defendant, TAYLOR is subject to the jurisdiction of the Courts of this State and
venue is proper in Broward County, Florida as, upon information and belief, this Defendant
resides in Broward County, Florida and as the tortious actions of this Defendant were committed,
in whole or in part, in Broward County, Florida. At all times material to this action, Defendant,
TAYLOR, was an employee of GSW serving as its eCommerce Director and, in this capacity
has access to the confidential transportation, logistics, on-line sales, ecommerce and marketing,
website marketing, social media marketing.
9. Defendant, KNOWLES is subject to the jurisdiction of the Courts of this State
and venue is proper in Broward County, Florida as, upon information and belief, this Defendant
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301resides in Broward County, Florida and as the tortious actions of this Defendant were committed,
in whole or in part, in Broward County, Florida. At all times material to this action, Defendant,
KNOWLES, was an employee of GSW serving as its Office Manager and bookkeeper and, in
this capacity has access to all of the confidential accounting and financial information of GSW.
10. At all times material to this action, Defendants, KNOWLES, WHATLEY and
TAYLOR, as a condition and requirement of their employment with GSW, executed and
delivered to GSW confidentiality and noncompetition agreements (“GSW Noncompete
Agreements”) in form and substance similar to that attached to this Complaint as Exhibit A.
ll. Plaintiff, GSW, is unable to attach the actual GSW Noncompete Agreements
signed by Defendants, KNOWLES, WHATLEY and TAYLOR, due to their theft of these
documents from GSW’s premises, as is more particularly described in the balance of this
Complaint.
12. The terms of the GSW Noncompete Agreements specifically prohibit Defendants,
KNOWLES, WHATLEY and TAYLOR from engaging in any activities, directly or indirectly
which are or may be in conflict with the interests of or in competition with GSW. The GSW
Noncompete Agreements further prohibit Defendants, KNOWLES, WHATLEY and TAYLOR
from directly or indirectly engaging in any business which is or may be directly or indirectly in
conflict with the interests of GSW during Defendants, KNOWLES, WHATLEY and
TAYLOR’s employment with GSW and for a period of two (2) years immediately thereafter.
13. In addition, the GSW Noncompete Agreements prohibit the Defendants,
KNOWLES, WHATLEY and TAYLOR from using any “Confidential Information” of GSW
during their employment with GSW and for a period of two (2) years immediately thereafter.
The GSW Noncompete Agreements define “Confidential Information” as information and other
knowledge regarding various aspects of the business of GSW, including, without limitation,
knowledge regarding GSW’s customers, accounts, referral sources, vendors, suppliers, business
methods, marketing methods, processes, operations, employment practices, intellectual property,
patents, copyrights, trade secrets, computer hardware, computer software, software sources,
codes, procedures and forms.
14. In April, 2017, Defendants, BULAVCHIK, KNOWLES, WHATLEY and
TAYLOR, entered into the business premises of Plaintiff, GSW and without the knowledge and
consent of any of the other members/owners of GSW, accessed the business computers and
physical files of GSW and stole Confidential Information of GSW (as defined in the GSW
Noncompete Agreements), including without limitation customer and client lists, advertising and
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301marketing materials, trademarks and logos, pricing information, supplier information, financial
and accounting information, social media marketing methods and processes, ecommerce
marketing methods and processes (hereinafter the “GSW Trade Secrets”), all in furtherance of
the business purposes of Defendant, DSG and to the detriment of Plaintiff, GSW.
15. The GSW Trade Secrets were stolen by Defendants, BULAVCHIK,
KNOWLES, WHATLEY and TAYLOR by making physical copies of information stored on
GSW’s computer system, as well as by taking possession of physical files of GSW. The
foregoing actions were captured on the security cameras and security recordings of Plaintiff,
GSW and memorialized in a police report filed with the Davie Police Department.
16. The GSW Trade Secrets obtained by improper means by Defendants,
BULAVCHIK, KNOWLES, WHATLEY and TAYLOR, were, at all times material to this
action “Trade Secrets” as defined by Fla.Stat.§688.002 as Plaintiff, GSW derived and derives
actual and potential independent economic value from the information and materials taken by
Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR not being generally
known to, and not being readily ascertainable by proper means by other persons who can obtain
economic value from its disclosure or use, such as Defendant, DSG and as Plaintiff, GSW used
efforts that are reasonable under the circumstances to maintain the secrecy of the information and
materials taken by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR.
17. Upon information and belief, the trade secret information and materials obtained
by improper means by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR
were subsequently misappropriated by Defendant, DSG.
18. Defendant, BULAVCHIK, formed Defendant, DSG as a Florida limited liability
company. Upon information and belief, the primary business purpose of Defendant, DSG is to
directly compete with GSW in the provision and sale of seafood items. Defendants,
BULAVCHIK, KNOWLES, WHATLEY and TAYLOR Defendant, DSG Defendant, DSG
COUNTI
KNOWLES BREACH OF GSW NONCOMPETE AGREEMENT
TEMPO YY AND PERMAN NCTIVE RELIE)
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
eighteen (18) above as though fully set forth herein and further states as follows:
19. As set forth above, Defendant, KNOWLES has breached the GSW Noncompete
Agreements by accepting employment with Defendant, DSG and by providing the GSW Trade
Secrets to Defendant, DSG, all in violation of the terms of the GSW Noncompete Agreement.
20. Such breaches have caused and will continue to cause irreparable injury to
Plaintiff, GSW for which Plaintiff has no adequate remedy at law.
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 3330121. Plaintiff, GSW has a substantial likelihood of success on the merits as Defendant,
KNOWLES’ breach is clear and irrefutable and as the violation of an enforceable restrictive
covenant creates a presumption of irreparable injury to the person seeking enforcement pursuant
to Florida statute section 542.335(1)q).
22. Issuance of a temporary injunction prohibiting breach of Defendant, KNOWLES’
GSW Noncompete Agreement will serve the public interest as such an injunction will serve to
instill confidence in the protections afforded by such agreements and will otherwise aid the
orderly flow of commerce.
23. The GSW Noncompete Agreement and the restrictions contained therein are
reasonably necessary to protect the legitimate business interests of GSW as GSW has expended
a substantial amount of capital and effort to promote and market its services. Were the
Defendant, KNOWLES, allowed to violate the terms of such restrictions, GSW's marketing
efforts and market presence would be irreparably jeopardized.
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
a. prohibiting Defendant, SAMANTHA KNOWLES from directly soliciting
GSW’s clients and customers;
b. prohibiting Defendant, SAMANTHA KNOWLES from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a customer or
client of GSW;
c. prohibiting Defendant, SAMANTHA KNOWLES from directly or indirectly
soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such
customer relationship with GSW;
d. prohibiting Defendant, SAMANTHA KNOWLES from disclosing GSW Trade
Secrets to Defendant, DSG or to any other person or entity without GSW 's prior written
authorization;
e. prohibiting Defendant, SAMANTHA KNOWLES fiom otherwise using GSW’s
Confidential Information to the detriment of GSW;
f. prohibiting Defendant, SAMANTHA KNOWLES from continuing in
employment in any capacity with Defendant, DSG or in any other manner, directly or indirectly
work for, own, invest in, direct, or aid any company or person engaged in competition with
GSW within the United States;
g. granting GSW an award of its reasonable attorney’s fees and costs incurred in the
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301enforcement of the restrictive covenants set forth in the Confidentiality Agreement and
h. granting such other and further relief as this honorable Court deems just and
proper.
COUNT I
WHATLEY BREACH OF GSW NONCOMPETE AGREEMENT
TEMPORARY AND PERMAN JUNCTIVE RELIEF
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
eighteen (18) above as though fully set forth herein and further states as follows:
24. As set forth above, Defendant, WHATLEY has breached the GSW Noncompete
Agreements by accepting employment with Defendant, DSG and by providing the GSW Trade
Secrets to Defendant, DSG, all in violation of the terms of the GSW Noncompete Agreement.
25. Such breaches have caused and will continue to cause irreparable injury to
Plaintiff, GSW for which Plaintiff has no adequate remedy at law.
26. Plaintiff, GSW has a substantial likelihood of success on the merits as Defendant,
WHATLEY’ breach is clear and irrefutable and as the violation of an enforceable restrictive
covenant creates a presumption of irreparable injury to the person seeking enforcement pursuant
to Florida statute section 542.335(1)q).
27. Issuance of a temporary injunction prohibiting breach of Defendant,
WHATLEY’s GSW Noncompete Agreement will serve the public interest as such an injunction
will serve to instill confidence in the protections afforded by such agreements and will otherwise
aid the orderly flow of commerce.
28. The GSW Noncompete Agreement and the restrictions contained therein are
reasonably necessary to protect the legitimate business interests of GSW as GSW has expended
a substantial amount of capital and effort to promote and market its services. Were the
Defendant, WHATLEY, allowed to violate the terms of such restrictions, GSW's marketing
efforts and market presence would be irreparably jeopardized.
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
a. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly soliciting
GSW’s clients and customers;
b. prohibiting Defendant, DAVID LEE WHATLEY JR. from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a customer or
client of GSW:
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301c. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly or indirectly
soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such
customer relationship with GSW;
d. prohibiting Defendant, DAVID LEE WHATLEY JR. from disclosing GSW
Trade Secrets to Defendant, DSG or to any other person or entity without GSW 's prior written
authorization;
e. prohibiting Defendant, DAVID LEE WHATLEY JR. from otherwise using
GSW’s Confidential Information to the detriment of GSW;
f. prohibiting Defendant, DAVID LEE WHATLEY JR. from continuing in
employment in any capacity with Defendant, DSG or in any other manner, directly or indirectly
work for, own, invest in, direct, or aid any company or person engaged in competition with
GSW within the United States;
g. granting GSW an award of its reasonable attorney’s fees and costs incurred in the
enforcement of the restrictive covenants set forth in the Confidentiality Agreement and
h. granting such other and further relief as this honorable Court deems just and
proper.
COUNT II
TAYLOR BREACH OF GSW NONCOMPETE AGREEMENT
(TEMPORARY AND PERMANENT INJUNCTIVE RELIEF)
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
eighteen (18) above as though fully set forth herein and further states as follows:
29. As set forth above, Defendant, TAYLOR has breached the GSW Noncompete
Agreements by accepting employment with Defendant, DSG and by providing the GSW Trade
Secrets to Defendant, DSG, all in violation of the terms of the GSW Noncompete Agreement.
30. | Such breaches have caused and will continue to cause irreparable injury to
Plaintiff, GSW for which Plaintiff has no adequate remedy at law.
31. Plaintiff, GSW has a substantial likelihood of success on the merits as Defendant,
TAYLOR’ breach is clear and irrefutable and as the violation of an enforceable restrictive
covenant creates a presumption of irreparable injury to the person seeking enforcement pursuant
to Florida statute section 542.335(1)(j).
32. Issuance of a temporary injunction prohibiting breach of Defendant, TAYLOR’s
GSW Noncompete Agreement will serve the public interest as such an injunction will serve to
instill confidence in the protections afforded by such agreements and will otherwise aid the
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301orderly flow of commerce.
33. | The GSW Noncompete Agreement and the restrictions contained therein are
reasonably necessary to protect the legitimate business interests of GSW as GSW has expended
a substantial amount of capital and effort to promote and market its services. Were the
Defendant, TAYLOR, allowed to violate the terms of such restrictions, GSW's marketing efforts
and market presence would be irreparably jeopardized.
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
a. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly soliciting
GSW’s clients and customers,
b. prohibiting Defendant, ZACHARY DAVID TAYLOR from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a customer or
client of GSW:
c. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly or indirectly
soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such
customer relationship with GSW;
d. prohibiting Defendant, ZACHARY DAVID TAYLOR from disclosing GSW Trade
Secrets to Defendant, DSG or to any other person or entity without GSW 's prior written
authorization;
e. prohibiting Defendant, ZACHARY DAVID TAYLOR from otherwise using GSW’s
Confidential Information to the detriment of GSW;
f. prohibiting Defendant, ZACHARY DAVID TAYLOR from continuing in
employment in any capacity with Defendant, DSG or in any other manner, directly or indirectly
work for, own, invest in, direct, or aid any company or person engaged in competition with
GSW within the United States;
g. granting GSW an award of its reasonable attorney’s fees and costs incurred in the
enforcement of the restrictive covenants set forth in the Confidentiality Agreement and
h. granting such other and further relief as this honorable Court deems just and proper.
COUNT IV
(TEMPORARY AND PERMANENT INJUNCTIVE RELIEF-BULAVCHIK,
PURSUANT TO F-.S.§688.001 et seg., “UNIFORM TRADE SECRETS ACT”)
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301eighteen (18) above as though fully set forth herein and further states as follows:
34. | The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4).
35. Defendant, BULAVCHIK, has misappropriated the GSW Trade Secrets by his
unauthorized use of same for his own benefit and for the benefit of Defendant, DSG.
36. GSW is entitled to injunctive relief for Defendant, BULAVCHIK’s
misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3).
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
a. prohibiting Defendant, VADIM BULAVCHIK from directly soliciting GSW’s
clients and customers;
b. prohibiting Defendant, VADIM BULAVCHIK from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a past or
present customer or client of GSW;
c. prohibiting Defendant, VADIM BULAVCHIK from directly or indirectly
soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such
customer relationship with GSW;
d. prohibiting Defendant, VADIM BULAVCHIK from disclosing GSW’s
Confidential Information (as defined in Section | of the Confidentiality Agreement) to DSG or to
any other person or entity without GSW 's prior written authorization;
e. prohibiting Defendant, VADIM BULAVCHIK from otherwise using GSW’s
Confidential Information to the detriment of GSW;
f granting GSW an award of its reasonable attorneys fees and costs incurred in the
enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and
h. granting such other and further relief as this honorable Court deems just and
proper.
COUNT V
(TEMPORARY AND PERMANENT INJUNCTIVE RELIEF- WHATLEY,
PURSUANT TO F-.S.§688.001 et seq., “UNIFORM TRADE SECRETS ACT”)
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
eighteen (18) above as though fully sct forth herein and further states as follows:
37. The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4).
38. Defendant, WHATLEY, has misappropriated the GSW Trade Secrets by his
unauthorized use of same for his own benefit and for the benefit of DSG.
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 3330139. GSW is entitled to injunctive relief for Defendant, WHATLEY’s
misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3).
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
a. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly soliciting
GSW’s clients and customers;
b. prohibiting Defendant, DAVID LEE WHATLEY JR. from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a customer or
client of GSW;
c. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly or indirectly
soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such
customer relationship with GSW;
d. prohibiting Defendant, DAVID LEE WHATLEY JR. from disclosing GSW’s
Confidential Information (as defined in Section 1 of the Confidentiality Agreement) to DSG or to
any other person or entity without GSW 's prior written authorization;
e. prohibiting Defendant, DAVID LEE WHATLEY JR. from otherwise using
GSW’s Confidential Information to the detriment of GSW;
f. granting GSW an award of its reasonable attorneys fees and costs incurred in the
enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and
g. granting such other and further relief as this honorable Court deems just and
proper.
COUNT VI
(TEMPORARY AND PERMANENT INJUNCTIVE RELIEF- TAYLOR,
PURSUANT TO F.S.§688.001 et ., “UNIFORM TRADE SECRETS ACT”
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
eighteen (18) above as though fully set forth herein and further states as follows:
40. The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4).
Al. Defendant, TAYLOR, has misappropriated the GSW Trade Secrets by his
unauthorized use of same for his own benefit and for the benefit of Defendant, DSG.
42. GSW is entitled to injunctive relief for Defendant, TAYLOR’s misappropriation
of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3).
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301a. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly soliciting
GSW’s clients and customers;
b. prohibiting Defendant, ZACHARY DAVID TAYLOR from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a customer or
client of GSW;
c. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly or
indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate
such customer relationship with GSW;
d. prohibiting Defendant, ZACHARY DAVID TAYLOR from disclosing GSW’s
Confidential Information (as defined in Section | of the Confidentiality Agreement) to DSG or to
any other person or entity without GSW 's prior written authorization;
e. prohibiting Defendant, ZACHARY DAVID TAYLOR from otherwise using
GSW’s Confidential Information to the detriment of GSW;
f. granting GSW an award of its reasonable attorney’s fees and costs incurred in the
enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and
g. granting such other and further relief as this honorable Court deems just and
proper.
COUNT VII
(TEMPORARY AND PERMANENT INJUNCTIVE RELIEF- KNOWLES.
PURSUANT TO F-.S.§688.001 et seg., “UNIFORM TRADE SECRETS ACT”)
Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through
eighteen (18) above as though fully set forth herein and further states as follows:
43. The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4).
44. Defendant, KNOWLES, has misappropriated the GSW Trade Secrets by her
unauthorized use of same for her own benefit and for the benefit of Defendant, DSG.
45. GSW is entitled to injunctive relief for Defendant, KNOWLES’
misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3).
WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a
preliminary and permanent injunction seeking the following relief:
a. prohibiting Defendant, SAMANTHA KNOWLES from directly soliciting
GSW’s clients and customers;
b. prohibiting Defendant, SAMANTHA KNOWLES from interfering with or
attempting to impair the relationship between GSW and any person or firm that is a customer or
Hartley Law Offices, PLC
12 Southeast Seventh Street, Suite 606, Fort Lauder
Preview
Filing # 59090821 E-Filed 07/17/2017 12:21:10 PM IN THE CIRCUIT COURT OF THE17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-17-012170 (04) GOURMET SEAFOOD WORLD, LLC, a Florida Limited Liability Plaintiff, vs. DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability Company, DIAMOND CENTURION GROUP, LLC, a Florida Limited Liability Company, VADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR Defendants. / PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION COMES NOW, Plaintiff, Gourmet Seafood World, LLC ("GSW") by and through its undersigned counsel and moves this Honorable Court, for the entry of a preliminary injunction requiring the Defendants, VADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR to immediately terminate their employment or other association of any type or nature with DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability Company (“DSG”) and to refrain from further violation of the restrictions contained in (the "Confidentiality Agreement") or to make any use of the GSW Trade Secrets as more particularly described in the Verified Complaint attached to this Motion. Plaintiff further seeks injunctive relief prohibiting WADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR from using and disclosing confidential information belonging to GSW obtained as a result of the theft of Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 7/17/2017 12:21:09 PM.****trade secret protected information belonging to GSW. In support of its Motion, GSW states as follows: Background 1. GSW is a wholesale purveyor of gourmet seafood products, such as Alaskan King Crab, caviar and other delicacies. GSW’s presence is international and it has expended a substantial amount of capital and effort to promote and market its services throughout the Western Hemisphere. 2. As set forth in the attached Verified Complaint, on or about April 24, 2017, Defendants, VADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR entered into the business premises of GSW and stole confidential information and trade secrets belonging to GSW for the purpose of operating a competing business to GSW known as DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability Company (“DSG”). Primary among the people involved in this theft was Defendant, VADIM BULAVCHIK, a former member, manager and officer of GSW and the principal of DSG. The other individual Defendants were, as described in the attached Verified Complaint, employees holding managerial positions with GSW. 3. Defendants, KNOWLES, WHATLEY and TAYLOR, as a condition and requirement of their employment with GSW, executed and delivered to GSW confidentiality and noncompetition agreements (“GSW Noncompete Agreements”) in form and substance similar to that attached hereto as Exhibit A. 1 4, The terms of the GSW Noncompete Agreements specifically prohibit Defendants, KNOWLES, WHATLEY and TAYLOR from engaging in any activities, directly or indirectly which are or may be in conflict with the interests of or in competition with GSW. The GSW Noncompete Agreements further prohibit Defendants, KNOWLES, WHATLEY and TAYLOR from directly or indirectly engaging in any business which is or may be directly or indirectly in conflict with the interests of GSW during Defendants, KNOWLES, WHATLEY and TAYLOR’s employment with GSW l Plaintiff, GSW, is unable to attach the actual GSW Noncompete Agreements signed by Defendants, KNOWLES, WHATLEY and TAYLOR, due to their theft of these documents from GSW’s premises, as is more particularly described in the Complaint. Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301and for a period of two (2) years immediately thereafter. 5. In addition, the GSW Noncompete Agreements prohibit the Defendants, KNOWLES, WHATLEY and TAYLOR from using any “Confidential Information” of GSW during their employment with GSW and for a period of two (2) years immediately thereafter. The GSW Noncompete Agreements define “Confidential Information” as information and other knowledge regarding various aspects of the business of GSW, including, without limitation, knowledge regarding GSW’s customers, accounts, referral sources, vendors, suppliers, business methods, marketing methods, processes, operations, employment practices, intellectual property, patents, copyrights, trade secrets, computer hardware, computer software, software sources, codes, procedures and forms. Procedural Status 6. GSW has filed contemporaneously herewith, its Verified Complaint for Damages and Injunctive Relief setting forth the basis for issuance of a preliminary and permanent injunction against VWADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR. A true and correct copy of the filed Verified Complaint for Damages and Injunctive Relief is attached to this motion as Exhibit B. All Defendants were served with the Verified Complaint for Damages and Injunctive Relief on or about June 30, 2017 and are on notice of the claims made by the Plaintiff. 7. As set forth in the attached Verified Complaint, Defendants, VADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR entered into the business premises of Plaintiff, GSW and without the knowledge and consent of any of the other members/owners of GSW, accessed the business computers and physical files of GSW and stole Confidential Information of GSW (as defined in the GSW Noncompete Agreements), including without limitation customer and client lists, advertising and marketing materials, trademarks and logos, pricing information, supplier information, financial and accounting information, social media marketing methods and processes, ecommerce marketing methods and processes (hereinafter the “GSW Trade Secrets”), all in furtherance of the business purposes of Defendant, DSG and to the detriment of Plaintiff, GSW. Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 333018. The GSW Trade Secrets were stolen by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR by making physical copies of information stored on GSW’s computer system, as well as by taking possession of physical files of GSW. The foregoing actions were captured on the security cameras and security recordings of Plaintiff, GSW and memorialized in a police report filed with the Davie Police Department. 9. The GSW Trade Secrets obtained by improper means by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR, were, at all times material to this action “Trade Secrets” as defined by Fla.Stat.§688.002 as Plaintiff, GSW derived and derives actual and potential independent economic value from the information and materials taken by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, such as Defendant, DSG and as Plaintiff, GSW used efforts that are reasonable under the circumstances to maintain the secrecy of the information and materials taken by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR. 10. Upon information and belief, the trade secret information and materials obtained by improper means by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR were subsequently misappropriated by Defendant, DSG. GSW is entitled to injunctive relief for Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR’ misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3). Il. Upon information and belief, after accessing GSW’s confidential information, defendants KNOWLES, WHATLEY and TAYLOR accepted employment with DELUXE SEAFOOD GROUP, LLC, an entity acting in direct competition with the business of GSW. Relief Sought 12. Were KNOWLES, WHATLEY and TAYLOR allowed to violate the terms of the restrictive covenants set forth in the GSW Noncompete Agreements, make unauthorized use of GSW’s Confidential Information and Trade Secrets for the benefit of third parties such as DSG, and to continue in employment with DSG or participate in the Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301business of DSG, directly or indirectly, in any other capacity as a consultant, independent contractor or owner of DSG, GSW’s client relationships, marketing efforts, market presence and its business would be irreparably jeopardized. 13. Accordingly, GSW has a clear right to an injunctive relief as Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR's violations of the GSW Noncompete Agreements and theft of the GSW Trade Secrets are irrefutable, as GSW has no viable legal remedy and will suffer irreparable damages in the event that an injunction is not issued preventing Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from violating the restrictive covenants contained in the GSW Noncompete Agreements and using the GSW Trade Secrets, and as the enforcement of the restrictive covenants contained in the GSW Noncompete Agreements and provisions of F.S. §688.003(1), (2) and (3) are reasonably necessary to protect the legitimate business interests of GSW described in the preceding paragraphs. 14. The issuance of an injunction will serve the public interest by aiding commerce and instilling confidence in the power of the Courts to enforce the protections afforded by the applicable Florida statutes protecting the interest of owners of trade secrets in and to those trade secrets as well as the protection set forth in noncompetition and confidentiality agreements and will otherwise aid the orderly flow of commerce as well as to deter others from engaging in blatant violations of the restrictions contained in similar agreements. WHEREFORE, for the reasons aforesaid, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction granting the following relief: a. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from directly soliciting GSW’s clients and customers; b. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or client of GSW; c. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301d. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from disclosing GSW’s Confidential Information and Trade Secrets to DELUXE SEAFOOD GROUP, LLC, or to any other person or entity without GSW's prior written authorization; e. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from otherwise using GSW’s Confidential Information and Trade Secrets to the detriment of GOURMET SEAFOOD WORLD, LLC; f. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from otherwise using GSW’s Trade Secrets to the detriment of GOURMET SEAFOOD WORLD, LLC pursuant to F.S. §688.003(1), (2) and (3) g. prohibiting Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR from continuing in employment in any capacity with DELUXE SEAFOOD GROUP, LLC, or in any other manner, directly or indirectly work for, own, invest in, direct, or aid any company or person engaged in competition with GSW within the United States; h. granting GSW an award of its reasonable attorneys fees and costs incurred in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and i. granting such other and further relief as this honorable Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed this 17" day of July, 2017. HARTLEY LAW OFFICES, PLC 12 Southeast Seventh Street Suite 606 Fort Lauderdale, Florida 33301 Telephone: (954) 357-9973 Facsimile: (954) 357-2275 Email: hartley@hartleylaw.net By:/s/Timothy M. Hartley TIMOTHY M. HARTLEY FL BAR NO. 979066 Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301EXHIBIT A Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301GOURMET SEAFOOD WORLD The undersign| (“I”), in consideration of my employment by Gourmet Seafood World, LLC, a Florida limited liability ( “GSW” or “the Company” ), hereby acknowledge the following confidentiality and non-competition policy of the Company: CONFIDENTIAL INFORMATION: I understand and agree that I have or will acquire confidential information and other knowledge regarding various aspects of the business of my Company, including, without limitation, knowledge regarding the Company’ s customers, accounts, referral sources, vendors, suppliers, business methods, marketing methods, processes, operations, employment practices, intellectual property, patents, copyrights, trade secrets, computer hardware, computer software, software sources, codes, procedures, and forms (the “Confidential Information” ). | further understand and agree that Confidential Information, as it may exist from time to time, is a valuable, special, and unique asset of the Company, and that in the event I use or disclose the Confidential Information, the Company will suffer irreparable harm and financial loss. So long as 1 am employed by the Company, and for a period of Two (2) Years immediately thereafter, I will not use or disclose the Confidential Information nor any part thereof, directly or indirectly, or through others, to any person, firm, Company, association, partnership, or other entity for any reason or purpose whatsoever. CONFLICTS OF INTEREST I understand and agree that, without the prior written consent of the Company. | will not engage in any activities, directly or indirectly, which are or may be in conflict with the interests of or in competition with the Company. So long as I am employed by the Company, and for a period of Two (2) Years immediately thereafter, I will not, directly or indirectly, or through others, in any manner whatsoever, either individually, in partnership, jointly, or through any firm, association, syndicate, company, or Company as a principal, agent, partner, member, shareholder, director, officer, licensor, employer, employee, or in any manner whatsoever be employed by, act as an agent for, participate in, or be connected in any manner with ownership, management, operation, or control of any business which is engaged in business which are or may be, directly or indirectly, in conflict with the interest of or in competition with the Company. The following activities, without limitation, shall be deemed to be in conflict with the interests of or competition with the Company: 1. Maintaining an ownership interest, financial interest, or any other relationship in or with, directly or indirectly, or through others, any person, firm, or entity which is: (a) engaged in the provision of marketing services using an automated process to schedule photography services and software to design marketing materials ( “the Business” ), (b) a client of the Company, (c) a affiliate of the Company, (d) a competitor of the Company, (e) an agent of the Company, or (f) otherwise engage with Business with the Company; 2. Offering or accepting gifts or favors in violation of the Company’ s policies; or 3. Making use of the Confidential Information forssérsonal gain. \ Print Nene Signature Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131 info@gourmetseafoodworld.com. Office: 305-363-2535 www.gourmetseafoodworld.comGOURMET SEAFOOD WORLD SOLICITATION So long as | am employed by the Company, and for a period of Two (2) Years immediately thereafter, I will neither call, solicit, nor canvass, either for myself or any other person, firm, or entity directly or indirectly, or through others, any of the Company’ s customers, clients, or contractors which I dealt , with whom I became acquainted, or of whom I learned, either prior to or during my employment with the Company’ s personnel, whether employees or independent contractors, to work in any way in or for any business that is or may, directly or indirectly, in conflict with the interest of or competition with the Company. INTELLECTUAL PROPERTY Copyrights: 1 acknowledge that any work of authorship heretofore or hereafter authored or owned by we which relates to the performance of my employment by the Company or the business of the Company shall be considered a “ work made for hire “ within the meaning of the 1976 copyright Act. However, with respect to any or all portions of the works of authorship which cannot be considered as a_ “work made for hire” , | shall and hereby do assign unto the Company all right, title, and interest (including copyright) of every kind whatsoever in such portion of such works of authorship. The rights vested in or assigned unto the Company shall comprise all of the rights in said works of authorship of every kind , nature, and description, including, without limitation, photography, computer software, software source codes, computer program listings, and rough draft thereof, and any and all documentation in support thereof; (b) the right to secure copyright thereof anywhere throughout the world, in the Company’ s name or otherwise;(c) any and all publication rights therein, in whatever form; (d) the right to use, license, exploit, sell, or otherwise dispose thereof in any manner or for any purpose the Company sees fit; and (e) any and all subsidiary rights therein. Furthermore, I agree, so long as I am employed by the Company, and for a period of Two (2) years thereafter, without charge to the Company, but at its request and its expense, to assist the Company and its nominees in every proper way to obtain, and to vest in the Company or its nominees, copyrights in the works of authorship in all countries, by executing all necessary or desirable documents, including, without limitation, application registration for copyrights and assignments thereof, and to execute all other documents necessary or desirable to accomplish the purposes and intents of this acknowledgement. I shall affix the copyright notice “COPYRIGHT GOURMET SEAFOOD WORLD, LLC” or such other legally sufficient copyright notice on all works of authorship relating to my employment with the Company, on all tangible documents, and all computers hardware used in such employment. In addition, | shall incorporate such a copyright notice within all computer software in such a manner that such copyright notice appears on all visually er or displays, either with or near the title of the rin Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131 info@gourmetseafoodworld.com. Office: 305-363-2535 www.gourmetseafoodworld.comGOURMET SEAFOOD WORLD program, or at the end thereof, and on the exterior labeling of all computer disks, tapes, and manuals, and all copies thereof. Inventions and Patents: 1 agree that I will promptly, from time to time, fully inform and disclose in writing, to the Company all inventions, designs, improvements, discoveries, programming concepts, and procedures, which I now have or may hereafter have during the term of my employment by the Company which pertain or relate to the Business or to any experimental work carried on by the Company, whether or not conceived by myself alone or with others and whether or not conceived during regular working hours. In this regard, on a daily basis, I shall enter into a laboratory type notebook provided by the Company all work on any such inventions, designs, improvements, discoveries, programming concepts, and procedures. All such inventions, design, improvements, discoveries, programming concepts, and procedure shall be the exclusive property of the Company. I shall assist the Company in obtaining patents on all such inventions, designs, improvements, discoveries, programming concepts and procedures deemed patentable by the Company, and I shall execute all documents and do all things necessary to obtain patent letters, vest the Company with full and exclusive title thereof, and protect such items against infringement by others. I shall also complete a confidential record of invention from or such other similar form provided by the Company on each completed or substantially completed invention, design, improvement, discovery, programming concept, and procedure. ENFORCEMENT: I acknowledge that (a) this Acknowledgement of Confidentiality Policy was separately bargained for and is independent of any other agreement, and the existence of any claim or cause of action I have against the Company whatsoever shall not constitute a defense to the enforcement by the Company of this Acknowledgement of Confidentiality Policy, (b) the breach of any of the provisions of this Acknowledgement of Confidentiality Policy will result in irreparable injury to the Company, which shall entitle the Company to all remedies for such breach or threatened breach, including, without limitation, an injunction restraining me from such breach or threatened breach, or such other equitable relief as is deemed appropriate by a court of competent jurisdiction, (c)in the event that this Acknowledgement of Confidentiality Policy shall be determined by a court of competent jurisdiction to be unenforceable by reason of it being extended for too great a period of time, or as encompassing too large a geographic area, or over too great a range of activities, or any combination of these elements, I agree that this Acknowledgement of Confidentiality Policy shall be interpreted to extend only over the maximum period of time, geographic area, and range of activities to which such court of competent jurisdiction deems reasonable and enforceable, (d) in the event that the Company is re gage the services of legal counsel in or enforce Print Noe Signaturez Date: Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131 info@gourmetseafoodworld.com. Office: 305-363-2535 www.gourmetseafoodworld.comSs GOURMET SEAFOOD WORLD its rights under this Acknowledgement of Confidentiality Policy against me, the Company shall be entitle to recover reasonable attorney’ s fees and costs from me, which, in the event of litigation, shall include fees and costs incurred prior to trial, during trial, subsequent to trial, and on appeal, (e) this Acknowledgement of Confidentiality Policy shall be governed by and construed in accordance with the internal laws of the State of Florida, and (f) the exclusive venue for any litigation instituted hereunder shall be Miami-Dade County, Florida. ee The undersigned, Does hereby certified that I have read, understood, and agreed to the foregoing Acknowledgement of Confidentiality Policy and that neither I nor, to the best of my knowledge, anyone else employed by the Company or under contact with the Company is in violation of its provisions. Furthermore, | hereby agree to promptly report to the Company any situation arising in the future which, in the exercise of my reasonable judgment, may involve a violation of its provisions. READ, UNDERSTOOD, AND AGREED TO: Ei e mploye fe Print Name cress: riper: — } Ca Four Season Tower, 1441 Brickell Ave, Suite 1500, Miami FL 33131 info@gourmetseafoodworld.com, Office: 305-363-2535 www.gourmetseafoodworld.comEXHIBIT B Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301Filing # 58240376 E-Filed 06/26/2017 12:26:48 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: GOURMET SEAFOOD WORLD, LLC, a Florida Limited Liability Plaintiff, vs. DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability Company, DIAMOND CENTURION GROUP, LLC, a Florida Limited Liability Company, VADIM BULAVCHIK, SAMANTHA KNOWLES, DAVID LEE WHATLEY JR. and ZACHARY DAVID TAYLOR Defendants. VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF COMES NOW Plaintiff, GOURMET SEAFOOD WORLD, LLC, a Florida Limited Liability Company (hereinafter “GSW”) by and through its undersigned attorneys and files this Complaint against the Defendants, DELUXE SEAFOOD GROUP, LLC, a Florida Limited Liability Company (hereinafter “DSG”), DIAMOND CENTURION GROUP, LLC, a Florida Limited Liability Company, (hereinafter “DCG”) VADIM BULAVCHIK (hereinafter “BULAVCHIK”), SAMANTHA KNOWLES (hereinafter “KNOWLES”), DAVID LEE WHATLEY JR. (hereinafter “WHATLEY”), and ZACHARY DAVID TAYLOR (hereinafter “TAYLOR’), and alleges as follows: Facts Common To All Counts: 1. This is an action seeking damages in excess of $15,000.00, exclusive of attorney’s fees, costs and interest and for equitable and injunctive relief. 2. All conditions precedent to the bringing of this action has been fulfilled, or have otherwise been waived. Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 333013. Plaintiff, GSW is a Florida limited liability in good standing and qualified to conduct business in the State of Florida. 4. Defendant, DSG is a Florida Limited Liability Company in good standing with its principal place of business in Broward County, Florida. Defendant, DSG is subject to the jurisdiction of the Courts of this state and venue is proper in Broward County, Florida as this Defendant has its principal place of business in Broward County, Florida and as all tortious actions of this Defendant were committed in whole or in part, in Broward County, Florida. 5. Defendant, DCG is a Florida Limited Liability Company in good standing with its principal place of business in Broward County, Florida. Defendant, DCG is subject to the jurisdiction of the Courts of this state and venue is proper in Broward County, Florida as this Defendant has its principal place of business in Broward County, Florida and as all tortious actions of this Defendant were committed in whole or in part, in Broward County, Florida. 6. Defendant, BULAVCHIK, is subject to the jurisdiction of the Courts of this State and venue is proper in Broward County, Florida as, upon information and belief, this Defendant resides in Broward County, Florida and as the tortious actions of this Defendant were committed, in whole or in part, in Broward County, Florida. At all times material to this action, Defendant, BULAVCHIK, was a member and a manager of GSW. 7. Defendant, WHATLEY is subject to the jurisdiction of the Courts of this State and venue is proper in Broward County, Florida as, upon information and belief, this Defendant resides in Broward County, Florida and as the tortious actions of this Defendant were committed, in whole or in part, in Broward County, Florida. At all times material to this action, Defendant, WHATLEY, was an employee of GSW, managing transportation and logistics for GSW, serving as its Sales Director and sales, pricing and supply information and, in this capacity has access to all of the confidential accounting and financial information. 8. Defendant, TAYLOR is subject to the jurisdiction of the Courts of this State and venue is proper in Broward County, Florida as, upon information and belief, this Defendant resides in Broward County, Florida and as the tortious actions of this Defendant were committed, in whole or in part, in Broward County, Florida. At all times material to this action, Defendant, TAYLOR, was an employee of GSW serving as its eCommerce Director and, in this capacity has access to the confidential transportation, logistics, on-line sales, ecommerce and marketing, website marketing, social media marketing. 9. Defendant, KNOWLES is subject to the jurisdiction of the Courts of this State and venue is proper in Broward County, Florida as, upon information and belief, this Defendant Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301resides in Broward County, Florida and as the tortious actions of this Defendant were committed, in whole or in part, in Broward County, Florida. At all times material to this action, Defendant, KNOWLES, was an employee of GSW serving as its Office Manager and bookkeeper and, in this capacity has access to all of the confidential accounting and financial information of GSW. 10. At all times material to this action, Defendants, KNOWLES, WHATLEY and TAYLOR, as a condition and requirement of their employment with GSW, executed and delivered to GSW confidentiality and noncompetition agreements (“GSW Noncompete Agreements”) in form and substance similar to that attached to this Complaint as Exhibit A. ll. Plaintiff, GSW, is unable to attach the actual GSW Noncompete Agreements signed by Defendants, KNOWLES, WHATLEY and TAYLOR, due to their theft of these documents from GSW’s premises, as is more particularly described in the balance of this Complaint. 12. The terms of the GSW Noncompete Agreements specifically prohibit Defendants, KNOWLES, WHATLEY and TAYLOR from engaging in any activities, directly or indirectly which are or may be in conflict with the interests of or in competition with GSW. The GSW Noncompete Agreements further prohibit Defendants, KNOWLES, WHATLEY and TAYLOR from directly or indirectly engaging in any business which is or may be directly or indirectly in conflict with the interests of GSW during Defendants, KNOWLES, WHATLEY and TAYLOR’s employment with GSW and for a period of two (2) years immediately thereafter. 13. In addition, the GSW Noncompete Agreements prohibit the Defendants, KNOWLES, WHATLEY and TAYLOR from using any “Confidential Information” of GSW during their employment with GSW and for a period of two (2) years immediately thereafter. The GSW Noncompete Agreements define “Confidential Information” as information and other knowledge regarding various aspects of the business of GSW, including, without limitation, knowledge regarding GSW’s customers, accounts, referral sources, vendors, suppliers, business methods, marketing methods, processes, operations, employment practices, intellectual property, patents, copyrights, trade secrets, computer hardware, computer software, software sources, codes, procedures and forms. 14. In April, 2017, Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR, entered into the business premises of Plaintiff, GSW and without the knowledge and consent of any of the other members/owners of GSW, accessed the business computers and physical files of GSW and stole Confidential Information of GSW (as defined in the GSW Noncompete Agreements), including without limitation customer and client lists, advertising and Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301marketing materials, trademarks and logos, pricing information, supplier information, financial and accounting information, social media marketing methods and processes, ecommerce marketing methods and processes (hereinafter the “GSW Trade Secrets”), all in furtherance of the business purposes of Defendant, DSG and to the detriment of Plaintiff, GSW. 15. The GSW Trade Secrets were stolen by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR by making physical copies of information stored on GSW’s computer system, as well as by taking possession of physical files of GSW. The foregoing actions were captured on the security cameras and security recordings of Plaintiff, GSW and memorialized in a police report filed with the Davie Police Department. 16. The GSW Trade Secrets obtained by improper means by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR, were, at all times material to this action “Trade Secrets” as defined by Fla.Stat.§688.002 as Plaintiff, GSW derived and derives actual and potential independent economic value from the information and materials taken by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, such as Defendant, DSG and as Plaintiff, GSW used efforts that are reasonable under the circumstances to maintain the secrecy of the information and materials taken by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR. 17. Upon information and belief, the trade secret information and materials obtained by improper means by Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR were subsequently misappropriated by Defendant, DSG. 18. Defendant, BULAVCHIK, formed Defendant, DSG as a Florida limited liability company. Upon information and belief, the primary business purpose of Defendant, DSG is to directly compete with GSW in the provision and sale of seafood items. Defendants, BULAVCHIK, KNOWLES, WHATLEY and TAYLOR Defendant, DSG Defendant, DSG COUNTI KNOWLES BREACH OF GSW NONCOMPETE AGREEMENT TEMPO YY AND PERMAN NCTIVE RELIE) Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through eighteen (18) above as though fully set forth herein and further states as follows: 19. As set forth above, Defendant, KNOWLES has breached the GSW Noncompete Agreements by accepting employment with Defendant, DSG and by providing the GSW Trade Secrets to Defendant, DSG, all in violation of the terms of the GSW Noncompete Agreement. 20. Such breaches have caused and will continue to cause irreparable injury to Plaintiff, GSW for which Plaintiff has no adequate remedy at law. Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 3330121. Plaintiff, GSW has a substantial likelihood of success on the merits as Defendant, KNOWLES’ breach is clear and irrefutable and as the violation of an enforceable restrictive covenant creates a presumption of irreparable injury to the person seeking enforcement pursuant to Florida statute section 542.335(1)q). 22. Issuance of a temporary injunction prohibiting breach of Defendant, KNOWLES’ GSW Noncompete Agreement will serve the public interest as such an injunction will serve to instill confidence in the protections afforded by such agreements and will otherwise aid the orderly flow of commerce. 23. The GSW Noncompete Agreement and the restrictions contained therein are reasonably necessary to protect the legitimate business interests of GSW as GSW has expended a substantial amount of capital and effort to promote and market its services. Were the Defendant, KNOWLES, allowed to violate the terms of such restrictions, GSW's marketing efforts and market presence would be irreparably jeopardized. WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: a. prohibiting Defendant, SAMANTHA KNOWLES from directly soliciting GSW’s clients and customers; b. prohibiting Defendant, SAMANTHA KNOWLES from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or client of GSW; c. prohibiting Defendant, SAMANTHA KNOWLES from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; d. prohibiting Defendant, SAMANTHA KNOWLES from disclosing GSW Trade Secrets to Defendant, DSG or to any other person or entity without GSW 's prior written authorization; e. prohibiting Defendant, SAMANTHA KNOWLES fiom otherwise using GSW’s Confidential Information to the detriment of GSW; f. prohibiting Defendant, SAMANTHA KNOWLES from continuing in employment in any capacity with Defendant, DSG or in any other manner, directly or indirectly work for, own, invest in, direct, or aid any company or person engaged in competition with GSW within the United States; g. granting GSW an award of its reasonable attorney’s fees and costs incurred in the Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301enforcement of the restrictive covenants set forth in the Confidentiality Agreement and h. granting such other and further relief as this honorable Court deems just and proper. COUNT I WHATLEY BREACH OF GSW NONCOMPETE AGREEMENT TEMPORARY AND PERMAN JUNCTIVE RELIEF Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through eighteen (18) above as though fully set forth herein and further states as follows: 24. As set forth above, Defendant, WHATLEY has breached the GSW Noncompete Agreements by accepting employment with Defendant, DSG and by providing the GSW Trade Secrets to Defendant, DSG, all in violation of the terms of the GSW Noncompete Agreement. 25. Such breaches have caused and will continue to cause irreparable injury to Plaintiff, GSW for which Plaintiff has no adequate remedy at law. 26. Plaintiff, GSW has a substantial likelihood of success on the merits as Defendant, WHATLEY’ breach is clear and irrefutable and as the violation of an enforceable restrictive covenant creates a presumption of irreparable injury to the person seeking enforcement pursuant to Florida statute section 542.335(1)q). 27. Issuance of a temporary injunction prohibiting breach of Defendant, WHATLEY’s GSW Noncompete Agreement will serve the public interest as such an injunction will serve to instill confidence in the protections afforded by such agreements and will otherwise aid the orderly flow of commerce. 28. The GSW Noncompete Agreement and the restrictions contained therein are reasonably necessary to protect the legitimate business interests of GSW as GSW has expended a substantial amount of capital and effort to promote and market its services. Were the Defendant, WHATLEY, allowed to violate the terms of such restrictions, GSW's marketing efforts and market presence would be irreparably jeopardized. WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: a. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly soliciting GSW’s clients and customers; b. prohibiting Defendant, DAVID LEE WHATLEY JR. from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or client of GSW: Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301c. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; d. prohibiting Defendant, DAVID LEE WHATLEY JR. from disclosing GSW Trade Secrets to Defendant, DSG or to any other person or entity without GSW 's prior written authorization; e. prohibiting Defendant, DAVID LEE WHATLEY JR. from otherwise using GSW’s Confidential Information to the detriment of GSW; f. prohibiting Defendant, DAVID LEE WHATLEY JR. from continuing in employment in any capacity with Defendant, DSG or in any other manner, directly or indirectly work for, own, invest in, direct, or aid any company or person engaged in competition with GSW within the United States; g. granting GSW an award of its reasonable attorney’s fees and costs incurred in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement and h. granting such other and further relief as this honorable Court deems just and proper. COUNT II TAYLOR BREACH OF GSW NONCOMPETE AGREEMENT (TEMPORARY AND PERMANENT INJUNCTIVE RELIEF) Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through eighteen (18) above as though fully set forth herein and further states as follows: 29. As set forth above, Defendant, TAYLOR has breached the GSW Noncompete Agreements by accepting employment with Defendant, DSG and by providing the GSW Trade Secrets to Defendant, DSG, all in violation of the terms of the GSW Noncompete Agreement. 30. | Such breaches have caused and will continue to cause irreparable injury to Plaintiff, GSW for which Plaintiff has no adequate remedy at law. 31. Plaintiff, GSW has a substantial likelihood of success on the merits as Defendant, TAYLOR’ breach is clear and irrefutable and as the violation of an enforceable restrictive covenant creates a presumption of irreparable injury to the person seeking enforcement pursuant to Florida statute section 542.335(1)(j). 32. Issuance of a temporary injunction prohibiting breach of Defendant, TAYLOR’s GSW Noncompete Agreement will serve the public interest as such an injunction will serve to instill confidence in the protections afforded by such agreements and will otherwise aid the Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301orderly flow of commerce. 33. | The GSW Noncompete Agreement and the restrictions contained therein are reasonably necessary to protect the legitimate business interests of GSW as GSW has expended a substantial amount of capital and effort to promote and market its services. Were the Defendant, TAYLOR, allowed to violate the terms of such restrictions, GSW's marketing efforts and market presence would be irreparably jeopardized. WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: a. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly soliciting GSW’s clients and customers, b. prohibiting Defendant, ZACHARY DAVID TAYLOR from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or client of GSW: c. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; d. prohibiting Defendant, ZACHARY DAVID TAYLOR from disclosing GSW Trade Secrets to Defendant, DSG or to any other person or entity without GSW 's prior written authorization; e. prohibiting Defendant, ZACHARY DAVID TAYLOR from otherwise using GSW’s Confidential Information to the detriment of GSW; f. prohibiting Defendant, ZACHARY DAVID TAYLOR from continuing in employment in any capacity with Defendant, DSG or in any other manner, directly or indirectly work for, own, invest in, direct, or aid any company or person engaged in competition with GSW within the United States; g. granting GSW an award of its reasonable attorney’s fees and costs incurred in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement and h. granting such other and further relief as this honorable Court deems just and proper. COUNT IV (TEMPORARY AND PERMANENT INJUNCTIVE RELIEF-BULAVCHIK, PURSUANT TO F-.S.§688.001 et seg., “UNIFORM TRADE SECRETS ACT”) Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301eighteen (18) above as though fully set forth herein and further states as follows: 34. | The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4). 35. Defendant, BULAVCHIK, has misappropriated the GSW Trade Secrets by his unauthorized use of same for his own benefit and for the benefit of Defendant, DSG. 36. GSW is entitled to injunctive relief for Defendant, BULAVCHIK’s misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3). WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: a. prohibiting Defendant, VADIM BULAVCHIK from directly soliciting GSW’s clients and customers; b. prohibiting Defendant, VADIM BULAVCHIK from interfering with or attempting to impair the relationship between GSW and any person or firm that is a past or present customer or client of GSW; c. prohibiting Defendant, VADIM BULAVCHIK from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; d. prohibiting Defendant, VADIM BULAVCHIK from disclosing GSW’s Confidential Information (as defined in Section | of the Confidentiality Agreement) to DSG or to any other person or entity without GSW 's prior written authorization; e. prohibiting Defendant, VADIM BULAVCHIK from otherwise using GSW’s Confidential Information to the detriment of GSW; f granting GSW an award of its reasonable attorneys fees and costs incurred in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and h. granting such other and further relief as this honorable Court deems just and proper. COUNT V (TEMPORARY AND PERMANENT INJUNCTIVE RELIEF- WHATLEY, PURSUANT TO F-.S.§688.001 et seq., “UNIFORM TRADE SECRETS ACT”) Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through eighteen (18) above as though fully sct forth herein and further states as follows: 37. The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4). 38. Defendant, WHATLEY, has misappropriated the GSW Trade Secrets by his unauthorized use of same for his own benefit and for the benefit of DSG. Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 3330139. GSW is entitled to injunctive relief for Defendant, WHATLEY’s misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3). WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: a. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly soliciting GSW’s clients and customers; b. prohibiting Defendant, DAVID LEE WHATLEY JR. from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or client of GSW; c. prohibiting Defendant, DAVID LEE WHATLEY JR. from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; d. prohibiting Defendant, DAVID LEE WHATLEY JR. from disclosing GSW’s Confidential Information (as defined in Section 1 of the Confidentiality Agreement) to DSG or to any other person or entity without GSW 's prior written authorization; e. prohibiting Defendant, DAVID LEE WHATLEY JR. from otherwise using GSW’s Confidential Information to the detriment of GSW; f. granting GSW an award of its reasonable attorneys fees and costs incurred in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and g. granting such other and further relief as this honorable Court deems just and proper. COUNT VI (TEMPORARY AND PERMANENT INJUNCTIVE RELIEF- TAYLOR, PURSUANT TO F.S.§688.001 et ., “UNIFORM TRADE SECRETS ACT” Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through eighteen (18) above as though fully set forth herein and further states as follows: 40. The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4). Al. Defendant, TAYLOR, has misappropriated the GSW Trade Secrets by his unauthorized use of same for his own benefit and for the benefit of Defendant, DSG. 42. GSW is entitled to injunctive relief for Defendant, TAYLOR’s misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3). WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauderdale, FL 33301a. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly soliciting GSW’s clients and customers; b. prohibiting Defendant, ZACHARY DAVID TAYLOR from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or client of GSW; c. prohibiting Defendant, ZACHARY DAVID TAYLOR from directly or indirectly soliciting, enticing, hiring or otherwise inducing any customer of GSW to terminate such customer relationship with GSW; d. prohibiting Defendant, ZACHARY DAVID TAYLOR from disclosing GSW’s Confidential Information (as defined in Section | of the Confidentiality Agreement) to DSG or to any other person or entity without GSW 's prior written authorization; e. prohibiting Defendant, ZACHARY DAVID TAYLOR from otherwise using GSW’s Confidential Information to the detriment of GSW; f. granting GSW an award of its reasonable attorney’s fees and costs incurred in the enforcement of the restrictive covenants set forth in the Confidentiality Agreement; and g. granting such other and further relief as this honorable Court deems just and proper. COUNT VII (TEMPORARY AND PERMANENT INJUNCTIVE RELIEF- KNOWLES. PURSUANT TO F-.S.§688.001 et seg., “UNIFORM TRADE SECRETS ACT”) Plaintiff realleges and reavers the allegations set forth in paragraphs one (1) through eighteen (18) above as though fully set forth herein and further states as follows: 43. The GSW Trade Secrets are “Trade Secrets” as defined in F.S. §688.002(4). 44. Defendant, KNOWLES, has misappropriated the GSW Trade Secrets by her unauthorized use of same for her own benefit and for the benefit of Defendant, DSG. 45. GSW is entitled to injunctive relief for Defendant, KNOWLES’ misappropriation of GSW’s Trade Secrets pursuant to F.S. §688.003(1), (2) and (3). WHEREFORE, Plaintiff, GOURMET SEAFOOD WORLD, LLC seeks entry of a preliminary and permanent injunction seeking the following relief: a. prohibiting Defendant, SAMANTHA KNOWLES from directly soliciting GSW’s clients and customers; b. prohibiting Defendant, SAMANTHA KNOWLES from interfering with or attempting to impair the relationship between GSW and any person or firm that is a customer or Hartley Law Offices, PLC 12 Southeast Seventh Street, Suite 606, Fort Lauder