X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff Remede Consulting Group Inc. (“Remede”) brought this action in New York Supreme Court, Nassau County, against its former employee, Defendant Shedrick Hamer, claiming that he breached his employment contract when he accessed and appropriated proprietary information and solicited another employee before leaving the company to join a competitor. (See Compl. (Dkt. 1-1).)1 Remede also asserts causes of action for breach of fiduciary duties, conversion, unjust enrichment, misappropriation of trade secrets, and unfair competition, and seeks a preliminary injunction. Mr. Hamer, a Georgia resident, successfully removed the case to federal court based on diversity of citizenship. See Remede Consulting Grp. Inc. v. Hamer, No. 19-cv-3950 (NGG) (VMS), 2020 WL 1062963, at *1 (E.D.N.Y. Mar. 5, 2020). Now before the court is Mr. Hamer’s Motion to Dismiss the Complaint pursuant to Fed. R. Civ. Pro. 12(b)(6), as well as Remede’s Motion for a Preliminary Injunction. (See Pls.’ Mot. for Injunctive Relief (“Mot. for Prelim. Inj.”) (Dkt. 1-3); Def.’s Mem. in Supp. of Mot. to Dismiss and in Opp. to Prelim. Inj. (“Mem.”) (Dkt. 20-14); Pls.’ Mem. in Opp. to Mot. to Dismiss and Reply to Def.’s Opp. to Prelim. Inj. (“Opp.”) (Dkt. 23); Def.’s Reply (“Reply”) (Dkt. 24).) For the following reasons, Mr. Hamer’s Motion to Dismiss is DENIED as to the first cause of action, for breach of contract, and GRANTED as to the other claims asserted. Remede’s Motion for a Preliminary Injunction is DENIED. I. BACKGROUND A. Facts2 Remede is a professional and technical staffing agency that recruits and places health care professionals with its clients, which include medical facilities like hospitals and nursing homes. (Compl. 5.) Remede hired Mr. Hamer as a Travel Recruiter, and the parties executed an Employment Agreement on December 29, 2015. (Id. 6; Employment Agreement (Dkt. 1-6) at ECF p. 3.) Soon after, he was promoted to Manager, Recruitment and Accounts. (Compl. 6.) Mr. Hamer worked for Remede until he resigned on February 6, 2019. (Id. 12.) During that time, he worked remotely from his home in Atlanta, which he shared with his husband, Eli Lewis, who also worked for Remede as a Credentialing Specialist. (Id. 27.) Mr. Lewis also resigned from the company on February 6, 2019. (Id. 46.) Soon after leaving Remede, Mr. Hamer went to work for a competitor medical staffing company, ProCare USA. (Id.

25-26.)3 As part of its business, Remede subscribes to database services that provide it with lists of potential candidates for recruitment. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›