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Case Information
Filed
2022-12-21
Status
Open
Type
Enforcement Of Restrictive Covenant
Docket
11 entries
Parties
Plaintiff
Novanta Corporation|Novanta Inc.
Defendant
Bethel, Jason
Lawyers
Docket Entries
- arty(s) file Stipulation, Agreement for Judgment Plaintiffs Novanta Corporation and Novanta Inc. (together "Novanta") and Defendant Jason Bethel ("Bethel"), with the express consent of non-party Auroma Technologies Co., d.b.a. Access Laser ("Access Laser"), hereby stipulate and agree, by and through their respective undersigned counsel, including counsel for Access Laser, as follows: WHEREAS, Novanta employed Bethel until December 2022, and Bethel and Novanta entered into various employee Restrictive Covenants Agreements (as defined in the parties' Settlement Agreement referenced herein); WHEREAS, Novanta commenced this lawsuit against Bethel alleging claims for breach and anticipatory breach of certain of the Restrictive Covenants Agreements in relation to Bethel's decision to leave his employment with Novanta in order to commence employment with Access Laser; WHEREAS, in an earlier action, Novanta Corporation v. Jesse Way, Middlesex Superior Court No. 2181CV01361 (the "Way Lawsuit"), Novanta, the defendant Jesse Way, and Access Laser entered into a Stipulation and Agreement for Judgment, entered on the docket therein on March 8, 2022; WHEREAS, while Bethel and Access Laser deny any wrongdoing as alleged in this lawsuit or otherwise, Bethel, Access Laser and Novanta wish to avoid the time, expense and uncertainty of further litigation and thus have now agreed to resolve the lawsuit via a Settlement Agreement and Release (the "Settlement Agreement"); WHEREAS, the Settlement Agreement to resolve this lawsuit includes agreement to the terms herein (this "Agreed Judgment"); and, THEREFORE, Plaintiff Novanta Corporation, Defendant Bethel, and non-party Access Laser agree and consent to entry of the following Agreed Judgement: 1. Bethel is hereby enjoined until December 15, 2023, from being involved, directly or indirectly, with any products or services for any customers that are known by Bethel from his prior employment with Novanta and/or his general industry knowledge to be customers of Novanta¿s products or services, regardless of whether Access Laser products or services compete with the products or services that Novanta sells or has sold to such customers. Access Laser shall not permit Bethel to engage in such prohibited conduct. 2. Bethel agrees that, until December 15, 2023, he will not recruit or otherwise solicit or induce any employee he knows to be an employee of Novanta to terminate his or her employment with Novanta. Further, Access Laser shall instruct Bethel to adhere to this employee non-solicitation provision. 3. Access Laser agrees that, until December 15, 2023, it will not recruit or otherwise solicit or induce any employee it knows to be an employee of Novanta to terminate his or her employment with Novanta. Provided, however, that Access Laser is not restricted from hiring any candidate for employment who, of the candidate's own volition and without any individual contact from (or by a third party on behalf of) Access Laser or Bethel, initiates a contact with Access Laser for the purpose of pursuing potential employment with Access Laser. 4. Bethel is hereby enjoined until December 15, 2023, from hiring at Access Laser, or causing to be hired by Access Laser, any person who was employed by Novanta at any time during the twelve-month period immediately prior to the termination of Bethel's employment with Novanta. 5. Bethel is hereby enjoined until December 15, 2023 from involvement in or work related to CO2 lasers with wavelengths at and between 9 µm to 11 µm that operate: a. at or within the 5-400W power range and that would be used for customers wanting solutions for marking, coding, cutting, dental surgery, converting, and/or skin resurfacing, and/or b. at or within the 5-1000W power range for customers wanting solutions for converting and/or denim marking. 6. Access Laser's obligations under the Agreed Judgment in the Way Lawsuit remain in effect, with the following modification of paragraph 2 of that Agreed Judgment. Access Laser is hereby enjoined until December 15, 2023 from soliciting business from any entity identified on the Verification Document (attached as Exhibit C to the February 2022 Settlement Agreement among Novanta, Access Laser and Jesse Way and referenced in the Agreed Judgment in the Way Lawsuit) to terminate its agreement or arrangement with Novanta, or otherwise change its relationship with Novanta. Notwithstanding the foregoing, Access Laser shall not be enjoined from continuing to do business with any entity listed on the Verification Document as to any types of products or services that were already being sold between that entity and Access Laser as of June 15, 2021, provided that Access Laser is not soliciting any business from any such entity prior to December 15, 2023, that would involve marking, engraving, cutting or coding. The date specified in Section 4.A of the 2022 Settlement Agreement for which Access Laser may retain a single paper copy of the Verification Document is extended until 5:00 p.m. on December 15, 2023. 7. Bethel shall remain bound by, and adhere to, the terms and conditions of the Restrictive Covenants Agreements, except as modified by the Parties' Settlement Agreement and this Agreed Judgment, and Access Laser shall take affirmative steps to ensure that Bethel complies with the same. To the extent this Agreed Judgment imposes additional obligations on Bethel, this Agreed Judgment shall prevail. 8. Bethel and Access Laser are hereby enjoined from using or disclosing to anyone any Novanta Proprietary Information as that term is defined in Bethel¿s Restrictive Covenants Agreements with Novanta. Access Laser is further enjoined from encouraging or knowingly permitting Bethel to use or disclose Novant's Proprietary Information in the course of his employment with Access Laser. Novanta's Proprietary Information does not include information readily ascertainable through proper means or general industry knowledge. 9. Via the Settlement Agreement, Bethel and Access Laser have further certified that they do not possess, and have not used or disclosed to any person or entity, any Novanta Proprietary Information, as that term is defined in Bethel's Restrictive Covenants Agreements. Via the Settlement Agreement, Bethel has further certified that to the extent that he had or has possession of any Novanta Proprietary Information, that he specifically has identified for Novanta all such Proprietary Information and has or will permanently destroy all electronic and/or hard copies of any such Proprietary Information. 10. Bethel and Access Laser shall, on a quarterly basis running from entry of this Agreed Judgment until a date one year from entry by the Court of this Agreed Judgment, certify to Novanta their ongoing compliance with this Agreed Judgment, the Parties' Settlement Agreement, and Bethel's Restrictive Covenants Agreements, in the form annexed to the Parties' Settlement Agreement as Exhibit B. 11. Except as provided for or permitted by this Agreed Judgment, Bethel and Access Laser, and Novanta, are enjoined, until December 15, 2023, from destroying, secreting, modifying or otherwise spoliating any documents that the party with possession, custody or control of the documents knows or should know relate to the asserted facts and alleged claims set forth by Novanta in its Complaint in this action, including, but not limited to, electronic papers or files, memoranda, correspondence, e-mails, or documents or any kind. 12. This Agreed Judgment does not constitute, and may not be offered as evidence of, any admission or finding of unlawful conduct or any other wrongdoing by Bethel, Access Laser or Novanta. 13. By stipulation and agreement of the parties, the Settlement Agreement and the terms of this Agreed Judgment shall constitute the resolution of the claims herein, with prejudice, with all rights of appeal waived, and with each party to bear its own costs and attorneys' fees. Applies To: Novanta Corporation (Plaintiff); Novanta Inc. (Plaintiff); Bethel, Jason (Defendant)
- ttorney appearance On this date Joseph L Stanganelli, Esq. added for Plaintiff Novanta Inc.
- ase assigned to: DCM Track F - Fast Track was added on 12/21/2022
- riginal civil complaint filed.
- ivil action cover sheet filed.
- orporate Disclosure Statement filed
- ervice Returned for Defendant Bethel, Jason: Service made in hand; On, 12/22/22 at 9028 46th PL W, within Mukilteo, WA to Jason Bethel.
- ttorney appearance On this date Kathleen Parker, Esq. added as Private Counsel for Defendant Jason Bethel
- ttorney appearance electronically filed.
- efendant Jason Bethel's Assented to Motion for Extension of Time to Respond to Plaintiff's Complaint
- ndorsement on Motion for Extension of Time to Respond to Plaintiffs' Complaint (#5.0): ALLOWED (Dated: 1/18/23) notice sent 1/19/23 Judge: Ellis, Hon. Sarah Weyland
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Full Analytics Report
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