NVR, Inc. v. Nelson

Filing 42

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 2/14/2017. (awac, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division NVRJnc., Plaintiff, Civil Action No. 1:16-cv-l328 V. David Nelson, Defendant, MEMORANDUM OPINION This matter comes before the Court on Plaintiff NVR Inc.'s Motion for a Temporary Restraining Order. Dkt. No. 19.* Plaintiff asks this Court to enjoin Defendant David Nelson from working for Siminini Homes, Inc., a Charlotte-based home developer and construction company; or for any other company covered by a non-compete clause in Defendant's contract with Plaintiff. For the reasons discussed below, the Court orders that Motion is DENIED. I. Bacl^round PlaintiffNVR, Inc. ("NVR") is a Virginia corporation in the business of selling and constructing homes. It operates under a variety of trade names including Ryan Homes and does business in 28 metropolitan areas in fourteen states including Charlotte, North Carolina. Plaintiff divided the Charlotte region into three Divisions covering the city and surrounding counties. Defendant David Nelson is a former employee of Ryan Homes who worked for Plaintiff as the Division Manager in the North Division of Charlotte from approximately January 1, 2014 until his termination on or about August 30,2016. As the Division Manager, Defendant was ' For the reasons set forth below, the Motionhas been analyzedas a Motion for Preliminary Injunction. To avoid confusion it shall be referred to hereafter as a Motion for Preliminary Injunction.

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