Redi-Mix Solutions, Ltd. et al v. Express Chipping, Inc. et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 46 Report and Recommendations on Plaintiffs' Application for Preliminary Injunction and ordering that the Preliminary Injunction be GRANTED to enforce the Redi-Mix noncompete agreement for the st ated period of two years. ORDERED that the noncompete agreement be reformed to prevent Defendant Knox from contacting any customers that were customers of Redi-Mix's during his employment or were potential customers contacted by him or Redi-Mix within 90 days prior to or after his termination from Redi-Mix about the concrete business. ORDERED that the $1,000 bond paid in the state court proceeding will apply to this preliminary injunction. It is finally ORDERED that the Preliminary Injunction be DENIED to enforce the H&S noncompete agreement. Signed by Judge Robert W. Schroeder, III on 1/3/17. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
REDI-MIX SOLUTIONS, LTD., and
2S TRANSPORT, LLC f/k/a H&S
TRANSPORT, LTD.,
Plaintiffs,
v.
EXPRESS CHIPPING, INC., and
STANLEY KEITH KNOX,
Defendants.

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Civil Action No. 6:16-cv-298-RWS-KNM

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her
findings, conclusions, and recommendation on Plaintiffs’ Application for Preliminary
Injunction has been presented for consideration. The Report and Recommendation (ECF 46),
filed on December 2, 2016 recommends that the Preliminary Injunction be granted in part and
denied in part. Neither party filed written objections.
This Court agrees with the Magistrate Judge that 2S Transport, LLC f/k/a H&S
Transport, Ltd. (“H&S”) did not sufficiently establish a likelihood of success on the merits, and
H&S’s application for a preliminary injunction should be denied. This Court also agrees with the
Magistrate Judge’s conclusion that the Redi-Mix agreement meets the four elements for a
preliminary injunction, and preliminary injunctive relief should be granted to enforce the RediMix noncompete agreement. Finding no plain error in the Magistrate Judge’s Report and
Recommendation, this Court hereby ADOPTS the findings of the Magistrate Judge as those of
the Court. It is

ORDERED that the Preliminary Injunction be GRANTED to enforce the Redi-Mix
noncompete agreement for the stated period of two (2) years, ending on August 11, 2017. It is
further
ORDERED that the noncompete agreement will be reformed to prevent Defendant
Knox from contacting any customers that were customers of Redi-Mix’s during the time of
his employment or were potential customers that were contacted by him or Redi-Mix within

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ninety (90) days prior to or after his termination from employment with Redi-Mix about the
concrete business. Any aspect of the noncompete agreement that has not been explicitly
reformed above will be applied as written. It is further
ORDERED that the $1,000 bond paid in the state court proceeding will apply to this
preliminary injunction. It is finally
ORDERED that the Preliminary Injunction be DENIED to enforce the H&S noncompete
agreement.
So ORDERED and SIGNED this 3rd day of January, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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