HRB Resources LLC v. Egle et al

Filing 13

STIPULATION AND ORDER FOR PERMANENT JUDGMENT AND CONSENT JUDGMENT as to Julie Bechard-Frey ONLY Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
HRB RESOURCES LLC
(d/b/a H&R BLOCK),
Plaintiff,
Civil Action No.: 2017-cv-10684
v.
Hon. Robert H. Cleland
TABITHA EGLE AND
JULIE BECHARD-FREY,
Defendants.
__________________________________________________________________
Richard W. Warren (P63123)
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
150 West Jefferson, Suite 2500
Detroit, MI 48226
313 9636420
[e-mail]
ATTORNEYS FOR H&R BLOCK
Syeda Davidson, Esq.
Burgess, Sharp & Golden, PLC
43260 Garfield Road, Suite 280
Clinton Township, MI 48038
[e-mail]
ATTORNEYS FOR JULIE BECHARD-FREY
__________________________________________________________________
STIPULATION AND ORDER FOR
PERMANENT INJUNCTION AND CONSENT JUDGMENT
Plaintiff HRB Resources LLC (d/b/a H&R Block) (“H&R Block”) brought
this action against Defendants Tabitha Egle and Julie Bechard-Frey. This matter
PD.21183788.1

comes before the Court on the joint request of H&R Block and Ms. Bechard-Frey
for issuance of a Permanent Injunction and Consent Judgment. H&R Block and Ms.
Bechard-Frey jointly move for entry of this Permanent Injunction and Consent
Judgment, and state as follows:
1.

H&R Block is a tax preparation service company that has offices

throughout the United States, including in Michigan.
2.

Ms. Bechard-Frey was employed by H&R Block in the Detroit (MI)

District and provided tax preparation services pursuant to the parties’ Tax
Professional Employment Agreement, a copy of which was filed with H&R Block’s
Verified Complaint for Injunctive Relief.
4.

H&R Block asserted claims that Ms. Bechard-Frey violated post-

employment restrictive covenants contained in her employment agreement.
5.

H&R Block and Ms. Bechard-Frey have now reached a confidential

settlement agreement in this matter which the parties agree is a valid, enforceable,
and binding contract between them. That settlement agreement further contemplates
that the Court will enter this Permanent Injunction and Consent Judgment, which
has been agreed to by the parties in both form and substance.
6.

H&R Block and Ms. Bechard-Frey having stipulated to this Court

entering this Permanent Injunction and Consent Judgment, the Court finds as
follows, and IT IS HEREBY ORDERED that:

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PD.21183788.1

a)

Ms. Bechard-Frey is prohibited from directly or indirectly contacting,

soliciting, or providing services to an H&R Block Company Client1 for a period of
two (2) years from the date of this Order. Although Ms. Bechard-Frey may engage
in general advertising for tax preparation services, she is prohibited from targeting
those services at H&R Block clients, and shall not use third party advertisers or
vendors to indirectly engage in any conduct otherwise prohibited under this Order.
In the event that an H&R Block Company Client contacts Ms. Bechard-Frey as the
result of her advertising, Ms. Bechard-Frey will decline to perform services for that
Client;
b)

Ms. Bechard-Frey is prohibited from directly or indirectly contacting,

soliciting, or providing any of the following services to any H&R Block Company
Clients: (1) preparing tax returns, (2) filing tax returns electronically, or (3)
providing bookkeeping or any other alternative or additional service that H&R Block
provides, for a period of two (2) years from the date of this Order. Although Ms.
Bechard-Frey may engage in general advertising for tax preparation services, she is
prohibited from targeting those services at H&R Block clients, and shall not use third

1

For the purposes of this Order, the term “H&R Block Company Client” is
defined as every person or entity whose federal or state tax return was prepared or
electronically transmitted by H&R Block during Ms. Bechard-Frey’s employment
by H&R Block. The term “H&R Block Company Client” also includes every H&R
Block customer who was previously serviced by Ms. Bechard-Frey or by any other
former H&R Block employee who subsequently became or becomes employed by
Plan B Tax Relief during the period of two (2) years from the date of this Order.
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PD.21183788.1

party advertisers or vendors to indirectly engage in any conduct otherwise prohibited
under this Order. In the event that an H&R Block Company Client contacts Ms.
Bechard-Frey as the result of her advertising, Ms. Bechard-Frey will decline to
perform services for that Client;
c)

Ms. Bechard-Frey is prohibited from directly or indirectly soliciting or

hiring any current or former H&R Block employees to work in any business that
provides any product or service in competition with H&R Block, for a period of one
(1) year from the date of this Order;
d)

Ms. Bechard-Frey is hereby enjoined from using or disclosing

confidential or proprietary information or any trade secrets of H&R Block, including
customer names and data;
e)

Ms. Bechard-Frey is hereby enjoined from retaining or failing to return

to H&R Block any personal property, documents, electronic files, and confidential
or proprietary information of H&R Block or regarding H&R Block’s customers or
business relationships, including any copies thereof;
f)

In the event that Ms. Bechard-Frey violates any of the terms of the

Confidential Settlement Agreement and Mutual General Release executed by the
parties on May 2, 2017, a monetary judgment will be entered in favor of H&R Block
and against Ms. Bechard-Frey in the amount of $50,000.00, for which sum let
execution issue;

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PD.21183788.1

g)

The remaining claims against Ms. Bechard-Frey in the case are

dismissed, with prejudice, with each party to bear its or her own costs and
attorney’s fees; and
h)

In the event that any part of this Order is violated by any party bound

to it, the party benefiting by the Order may, by motion with notice to the other party,
apply for sanctions and such other relief as may be appropriate.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this
matter for purposes of enforcing this Order.
IT IS SO ORDERED.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: May 5, 2017

I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, May 5, 2017, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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PD.21183788.1

Date: May 2, 2017.
Respectfully submitted,
/s/Richard W. Warren (P63123)
Miller, Canfield, Paddock and Stone, P.L.C.
Attorneys for Defendants
150 West Jefferson, Suite 2500
Detroit, MI 48226
[phone]
[e-mail]
-ANDDennis M. McClelland
Florida Bar No. 0091758
John D. Mullen
Florida Bar No. 0032883
Matthew S. Perez
Florida Bar No. 125572
PHELPS DUNBAR LLP
100 South Ashley Drive, Suite 1900
Tampa, Florida 33602
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR H&R BLOCK

s/Syeda Davidson
Syeda Davidson, Esq.
Burgess, Sharp & Golden, PLC
43260 Garfield Road, Suite 280
Clinton Township, MI 48038
[e-mail]
ATTORNEYS FOR JULIE BECHARDFREY
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PD.21183788.1