Free Motion for Judgment - District Court of Connecticut - Connecticut

Case 3:03-cv-00596-JBA

Document 70

Filed 02/12/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT TOM JAMES COMPANY, PLAINTIFF VS. J. TRACY GREEN, ET AL. DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS Pursuant to Fed. R. Civ. P. Rule 12 (c), the defendants J. Tracy Green (hereinafter, "Green") and Trace Apparel, LLC (hereinafter, "Trace") hereby move that the court enter a judgment on the pleadings in their favor, as to Requests for Relief 1 (a) and 1 (c) contained in the Amended Verified Complaint dated May 19, 2003 [Doc. No. 4] filed by the plaintiff Tom James Company (hereinafter, "Tom James"). Tom James seeks injunctive relief against Green and Trace for a breach of an alleged employment agreement that contains a covenant against competition. The covenant runs for just two years from the date that Green leaves his employment with Tom James. Since Green terminated his employment with Tom James in February 12, 2004 CIVIL ACTION NO. 3:03cv00596 (JBA)

December, 2001, the two year period provided by the alleged agreement has expired. Accordingly, Tom James is not entitled to the requested relief as a matter of law. Further, the claim for relief is moot.

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Case 3:03-cv-00596-JBA

Document 70

Filed 02/12/2004

Page 2 of 3

At a pre-filing conference held on January 29, 2004, the Court approved the filing of this motion. A memorandum in support hereof is filed contemporaneously herewith. WHEREFORE, for the foregoing reasons, and for the reasons set forth in the accompanying memorandum of law, Green and Trace respectfully request that the Court grant this motion, and enter judgment on the relevant requests for relief. THE DEFENDANTS/ COUNTERCLAIM PLAINTIFFS J. TRACY GREEN TRACE APPAREL, LLC

By: //ss// Thomas A. Rouse, Fed. Bar No. ct01326 Peter S. Olson, Fed. Bar No. ct16149 Pullman & Comley, LLC 850 Main Street P.O. Box 7006 Bridgeport, CT 06601-7006 203.330.2000 Facsimile 203.576.8888 Their Attorneys

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Case 3:03-cv-00596-JBA

Document 70

Filed 02/12/2004

Page 3 of 3

CERTIFICATION Pursuant to Fed. R. Civ. P. Rule 5 (b), I hereby certify that a copy of the above was mailed on February 12, 2004 to all counsel and pro se parties of record. For the plaintiff TOM JAMES COMPANY: Thomas J. Finn Paula Cruz Cedillo Halloran & Sage LLP One Goodwin Square 225 Asylum Street Hartford, Connecticut 06103 860.522.6103 Facsimile 860.548.0006 //ss// Thomas A. Rouse, Fed. Bar No. ct01326 Peter S. Olson, Fed. Bar No. ct16149

BPRT/67708.2/PSO/507127v1

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