HRB Resources LLC v. Egle et al

Filing 14

STIPULATION AND ORDER for Permanent Injunction and Consent Judgment as to Tabitha Egle 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
Tabitha Egle
20568 Piedmont Drive
Clinton Township, Michigan 48036
PRO PER DEFENDANT
__________________________________________________________________
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
comes before the Court on the joint request of H&R Block and Ms. Egle for
PD.21450764.3

issuance of a Permanent Injunction and Consent Judgment. H&R Block and Ms.
Egle 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. Egle was employed by H&R Block in the Detroit (MI) District

and provided tax preparation services pursuant to the parties’ Office Manager
Employment Agreement, a copy of which was filed with H&R Block’s Verified
Complaint for Injunctive Relief.
3.

H&R Block asserted claims that Ms. Egle violated post-employment

restrictive covenants contained in her employment agreement.
4.

H&R Block and Ms. Egle have now reached a confidential settlement

agreement (the “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.
5.

H&R Block and Ms. Egle 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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a)

Ms. Egle is prohibited, for a period of two (2) years from the date of

the Agreement, from establishing or engaging in any business for the preparation
or electronic filing of tax returns, or being employed (whether as an employee,
independent contractor, or unpaid advisor) by any such business or organization in
any management or leadership capacity or in any capacity that involves the
preparation or electronic filing of tax returns.

Said restriction is limited to

businesses or organizations located or conducted within, or soliciting business
within, Egle’s former H&R Block district of employment as set forth in Section 1
of her November 9, 2016 Office Manager Employment Agreement, and ten (10)
miles of such district’s boundaries at the time of entry into the Office Manager
Employment Agreement.
b)

Ms. Egle 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 the Agreement;2

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. Egle’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. Egle 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 the Agreement.
2
Ms. Egle is not prohibited from communicating for solely personal reasons,
i.e., for reasons wholly unrelated to the provision of the types of services described
in paragraph 5(c), with persons who meet the definition of an “H&R Block
Company Client.”
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c)

Ms. Egle 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 the Agreement;
d)

Ms. Egle 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 the Agreement;
e)

Ms. Egle is hereby enjoined from using or disclosing confidential or

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

Ms. Egle 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;
g)

A monetary judgment is entered in favor of H&R Block and against

Ms. Egle in the amount of $50,000.00, for which sum let execution issue;
h)

The remaining claims against Ms. Egle in the case are dismissed, with

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

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i)

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. If no action is taken to enforce this
Order within two (2) years from the date of the Agreement, the Consent Judgment
will be considered extinguished at that time.
IT IS SO ORDERED.
DATED: June 14, 2017

S/Robert H. Cleland
UNITED STATES DISTRICT JUDGE

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PD.21450764.3

Agreed as to form and substance:

/s/Tabitha Egle (with consent)
Tabitha Egle

Date: May 25, 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
29242546.2\145931-00002

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PD.21450764.3