Fill and Sign the United States of America Plaintiff Appellee V John M Form

- 1 - IN THE CIRCUIT COURT OF _________ COUNTY, ________ NAME OF PLAINTIFF) )) V. )NO. ))NAME OF DEFENDANT) )) COMPLAINT NOW COMES __________, Plaintiff, ("__________") and files its Complaint against Defendants, __________, ("__________") and __________ ("__________") and for cause of action would show unto the Court the following, to-wit: 1. Plaintiff, __________, is a corporation organized and existing pursuant to the laws of the State of __________, and having its principal place of business in __________ County, __________.2. The Defendants are: (a) __________, a non-resident corporation organized and existing pursuant to the laws of the State of Delaware and authorized to do business in the State of __________, having its principal place of business in __________ County, __________, and which may be served with process by serving its registered agent, __________;(b) __________, an adult resident citizen of the _________ Judicial District of __________ County, __________, who may be served with process at __________. 3. The cause of action hereinafter stated occurred and accrued in __________ County, _______.4. __________ is engaged in the business of wholesale of industrial pipe, valves and supplies to end users of such consumer goods.5. In __________, _____, __________, the President of __________, met with __________, a representative of __________, at __________ in __________, __________. The meeting was conducted in order to discuss a potential purchase of __________ business by __________.6. In conjunction with the meeting, __________ left with __________ certain financial statements and other private sensitive documentation concerning condition and business of __________. - 2 - 7. In __________, _____, __________ received a telephone call from __________, another representative of __________, informing __________ that __________ was not interested in entering the business of wholesale of industrial pipe, valves, and supplies, and would not offer to purchase __________.8. Shortly thereafter, in __________, _____, __________ began attempting to recruit __________, a key employee of __________, to go to work for __________, in the business of sales of industrial pipe, valves and supplies in __________, __________. __________ continued to try to lure __________ from __________ for several months, continuing to offer __________ more money and benefits.9. At all times material hereto, __________ was in a confidential relationship with __________ and owed __________ a fiduciary duty of good faith and fair dealing.10. In early _____, __________ asked __________ if he intended to continue in his employ with __________ and was assured by __________ that he intended to continue as an employee.11. In __________, _____, __________, resigned from his employment at __________ and went to work for __________, substantially performing the same duties he had performed at __________ for __________.12. __________ and __________ have wrongfully misappropriated __________ trade secrets in the form of customer lists and bid computation procedures, all to the detriment of __________'s former employer, __________, to whom he owed a fiduciary duty, and in favor of __________'s new employer, __________, resulting in damage to __________.13. At all times, __________'s misappropriation of trade secrets has been conducted while in the course and scope of his employment with __________ and is liable for the actions of __________ its employee, __________, upon the doctrine of respondent superior.14. The customer list and bid computation methods of __________ constitute confidential information of __________ as an employee and/or former employee, __________ had a high duty not to disclose such information to others to the detriment of __________. __________, while in the course and scope of his employment with __________ disclosed and utilized this confidential information to the detriment of __________ and the benefit of __________, causing damage to __________.15. Due to the wrongful conduct of __________ and __________, __________ has been damaged and will continue to suffer damage to its business, in the sum of $00.00.16. The actions of __________ in requiring the confidential financial information pertaining to the business of __________ under the pretext of purchasing the business of __________, and then hiring the key employee of __________ and inducing him to breach his fiduciary duties owed to __________ were committed with willful and wanton disregard for the rights of __________, and __________ is entitled to recover punitive damages from Defendant, __________, in such sum as to be established by the Court upon a trial hereof. - 3 - WHEREFORE, PREMISES CONSIDERED, __________, sues and demands judgment against __________ and __________, jointly and severally, in the sum of $00.00, and punitive damages against Defendant, __________, in such sum as will be established by the Court upon a trial hereof, together with its costs. Respectfully submitted, _____________________ BY:__________________________ ___________________, Its Attorney