Molly Bellefeuille, DVM v. Equine Sports Medicine & Surgery, Weatherford Division, PLLC

• Court: Court of Appeals of Texas
• Decided: August 19, 2015
• Docket: 02-15-00268-CV
• Status: Published

Opinion

Cause No. CV15-0775

MOLLY BELLEFEUILLE, DVM FILED IN 2nd COURT OF APPEALS v_ FORT WORTH, TEXAS /C. H 415'H 8/19/2015 JUDICIAL 9:40:30 §TR AM c‘fi" EQUINE SPORTS MEDICINE & uncooaoocommcoaom

DEBRA SPISAK 6‘04 SURGERY, WEATHERFORD DIVISION, Clerk PLLC PARKER COUNTY, TEXAS

ORDER GRANTING TEMPORARY INJUNCTION Defendant Equine Sports Medicine Surgery Weatherford Division, PLLC (“ESMS”) has

filed an Original Answer, Verified Counterclaims, Application for Temporary Restraining Order

and Temporary and Permanent Injunction and, in connection therewith, has presented a motion

for a temporary injunction. It clearly appears from the facts set forth in the Application and from

the evidence presented by the parties that the following facts are present:

1) Many hospitals and practices have been forced to reduce or abandon their residency

programs because significant business has been lost to former residents that establish a practice

nearby. There are a declining number of veterinary residency programs and openings for recent

veterinary school graduates as a result. Veterinary hospitals that have kept their residency

programs have turned to non-compete agreements to protect their business so that their doctors

can continue to train the next generation of veterinarians without jeopardizing their own

livelihoods. If such non-competes are not enforced, more veterinary hospitals will discontinue

their training programs and residencies and even fewer residencies will be available.

2) Molly Bellefeuille (“Bellefeuille”) entered into a Residency Employment Agreement

(“Residency Agreement”) with ESMS on May 29, 2012, in which she agreed to not enter into or

engage in any relationship with any person or entity that provides services similar to the services

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50791460 I ESMS provides to its patients within a fifty-mile radius of ESMS for a period of eighteen months

after her residency ended. Bellefeuille’s residency with ESMS ended on May 31, 2015.

Bellefeuille is therefore prohibited from providing equine veterinarian services within fifty miles

of ESMS, 2991 W. Interstate 20, Weatherford, Texas 76087 until December 1, 2016.

3) Additionally, Bellefeuille had been given and had access to ESMS’s confidential and

proprietary information and trade secrets of ESMS. Bellefeuille is prohibited from disclosing

ESMS’s confidential and proprietary information and trade secrets. Additionally, Bellefeuille is

prohibited from using ESMS’s confidential and proprietary information and trade secrets outside

her employment with ESMS.

4) There is sufficient evidence that Bellefeuille has breached her agreement or intends to

breach her agreement with ESMS by directly competing with ESMS within the fifty-mile

restricted zone. There is also sufficient evidence that Bellefeuille is or is about to misuse ESMS’s

confidential and proprietary information and trade secrets by providing business and marketing

plans, patient lists, price lists, methods of operation, and medical records including case histories,

x~ray films, personal and regular patient files to a direct competitor that has entered into an

employment contract with Bellefeuille within the fifty-mile restricted zone.

5) Bellefeuille has been exposed to confidential information during her employment

with ESMS, including but not limited to business and marketing plans, patient lists, price lists,

methods of operation, and medical records including case histories, x-ray films, personal and

regular patient files, and such other trade secrets and confidential and proprietary information

which constitute ESMS’s trade secrets and confidential and proprietary information, which

information is not in the public domain.

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50791-t l 6) Bellefeuille is in possession of ESMS’s confidential and proprietary information and

trade secrets and has been using or threatening to use the information in direct competition with

ESMS. As such, ESMS is in imminent danger of having its confidential and proprietary

information and trade secrets improperly disclosed to third parties and to losing current and

prospective customers as a result of wrongful disclosure.

7) Additionally, Bellefeuille is wrongfully soliciting existing and potential customers

of ESMS.

8) The Court finds that the non-compete agreement is reasonable in all respects.

Specifically, the fifty-mile geographic restriction is reasonable because it is narrowly tailored to

protect ESMS’s core business and covers the area where many of the horses treated by

Bellefeuille while at ESMS are located. The Court also finds the eighteen-month restriction

reasonable to protect ESMS’s business interests. Allowing Bellefeuille into the restricted zone

sooner will give her an unfair edge in diverting business away from ESMS.

The Court further finds that, unless this Temporary Injunction is issued immediately,

ESMS will suffer immediate and irreparable harm for which there is no adequate remedy at law.

ESMS’s only adequate remedy is to prevent Bellefeuille from performing equine veterinarian

services within a fifty-mile radius of ESMS located at 2991 W. Interstate 20, Weatherford, Texas

76087 and prevent the disclosure and use of its confidential and proprietary information and

trade secrets to any person outside of ESMS, and prevent unlawful solicitation of its business.

The Court is of the opinion that ESMS is entitled to this Temporary Injunction as

requested in ESMS’s Counterclaims.

IT IS. THEREFORE, ORDERED, ADJUDGED AND DECREED that Bellefeuille, and

her agents. servants, employees, representatives, attorneys, and all other persons or entities

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50791469 I acting in concert or participation with her or who, directly or indirectly, who receive actual

notice of the injunction by personal service or otherwise, from taking any of the following

actions:

a. Performing any equine veterinary services within fifty miles of ESMS, 2991 W.

Interstate 20, Weatherford, Texas 76087, for a period of eighteen months from June 1, 2015.

b. Attempting to circumvent the restriction above from a remote location by use of

telecommunications, written correspondence, computer generated or assisted communications, or

similar methods.

c. Disclosing or using, directly or indirectly, through any means whatsoever, ESMS confidential and proprietary information, business and marketing plans, patient lists, case

histories, x-ray films, personal and regular patient files, price lists, and method of operations,

and such other trade secrets and confidential information which constitute ESMS’s trade secrets

and confidential information in competition with ESMS.

d. Contacting or soliciting ESMS’s customers or prospective customers for the

purpose of diverting existing and future business away from ESMS and from tortiously

interfering with any existing contractual relationships or prospective business relationships.

e. Altering, modifying, damaging, destroying, or in any way changing any document

procured, obtained, or created during Bellefeuille’s employment with ESMS or any business

Gs secrets.

IT IS FURTHER ORDERED, that the bond shall be set at $ / Q)OQ0 ‘T‘- . The

district clerk’s office may accept cash, a certified or cashier’s check, credit card, or attorney or

law firm check in payment ofthe bond. 1:55-94 f“ M) FIX (‘5 U aux ‘blw WAO‘F'HH jaw-L ‘

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507N469 l IT IS FURTHER ORDERED that this Order shall remain in full force and effect until

further order of the Court.

Emmy 3 '0 ’ '“ . a

‘ SIGNED this the ofJuly 2015 a

ORDER GRANTING TEMPORARY INJUNCTION- PageS

507N469 l