United States District Court, D. Connecticut
MEMORANDUM OF DECISION ON DEFENDANTS' MOTION FOR
W. EGINTON, Senior District Judge.
action, plaintiff Prezio Health Inc. alleges breach of
contract and violation of Connecticut's Uniform Trade
Secrets Act, Conn. Gen. Stat. § 35-50 et seq,
against former employee, defendant John Schenk. Plaintiff
also alleges tortious interference with contractual relations
against Schenk's current employer, defendant Spectrum
Surgical Instruments Corp. Defendants have filed a motion for
summary judgment. For the following reasons, defendants'
motion will be granted in part and denied in part.
parties' statements of facts and exhibits reveal the
following factual background
has multiple business units focused on suppling hospitals
with (1) capital equipment and technicians; (2) handheld
surgical instrument service; (3) endoscopic equipment; and
(4) sterile processing department optimization.
began working as an hourly instrument repair technician for
plaintiff's predecessor on or about July 7, 1998. Until
2013, Schenk primarily worked as a surgical instrument repair
technician out of plaintiff's Michigan repair center.
From approximately 2002 to 2003, Schenk worked as a mobile
van technician in downtown Detroit, Michigan. During that
time, he serviced Detroit Medical Center ("DMC").
Starting in late 2011 or early 2012, Schenk served in a
supervisory position as a senior lead technician, responsible
for DMC. Schenk had access to Prezio's price file for
contend that Schenk's work was focused on instrument
repair, but plaintiff responds that Schenk's role
included costumer contact that provided sales opportunities.
March 2011, Schenk executed an employment agreement with
"Covenant Not to Compete" in the agreement
provides, inter alia, that Schenk shall not
engage in, assist, perform services for, or provide
consulting services to any other person, firm, corporation or
other entity in the solicitation of or contract with, any
customer, vendor, potential customer, or potential vendor of
[Prezio] that was known in the performance of job duties with
[Prezio] for the purpose of furnishing or during business
with any such customer or vendor with regard to
medical-surgical services, equipment or any other services or
products distributed by or otherwise provided by [Prezio]
accept employment with, or service as a consultant, advisor,
or act in  any other capacity to any other person, firm,
corporation or any entity that is in competition with
solicit or engage in business transactions with any person,
firm, corporation, joint venture or other business entity
that was at any time during the prior two years before such
solicitation or engagement, a customer of or vendor to
[Prezio] or its affiliates.
December 2012, Schenk relocated to Connecticut but continued
to work for plaintiff. In June 2013, plaintiff transferred
Schenk to the role of Regional Service Lead. In that
position, Schenk was not involved in any high level business
negotiations on behalf of plaintiff. However, while in
Connecticut, Schenk helped Prezio perform a trial of its
services for Bon Secours Hospital in Suffern, New York, as
part of Prezio's attempt to secure a contract with Bon
resigned from plaintiff, effective August 30, 2013. A few
weeks before his departure, Schenk sent multiple Prezio
documents to his private email address, including a ten page
pricing list, a field contact list and territory map, a list
detailing potential customer leads, and a chart of
Prezio's sales contract review process.
1983, defendant Spectrum has been providing a full line of
surgical instrument care products, medical cleaning brushes
and surgical instrument accessories. It is an industry leader
for medical products, such as needle holders, surgical
scissors, surgical forceps, as well as surgical instrument
services and decontamination solutions. Spectrum offers a
full range of surgical instrument repair services, from
instrument sharpening and restoration to more advanced
repairs. Spectrum serves hospitals, surgery centers and
veterinary centers across the United States.
that use contractors such as Spectrum or Prezio for
instrument care generally use a ...