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HRB Resources LLC v. Egle

United States District Court, E.D. Michigan

May 5, 2017

HRB RESOURCES LLC d/b/a H&R BLOCK, Plaintiff,
v.
TABITHA EGLE AND JULIE BECHARD-FREY, Defendants.

          Richard W. Warren ATTORNEYS FOR H&R BLOCK

          Syeda Davidson, Esq. ATTORNEYS FOR JULIE BECHARD-FREY

          STIPULATION AND ORDER FOR PERMANENT INJUNCTION AND CONSENT JUDGMENT

          ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE

         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. Bechard-Frey for issuance of a Permanent Injunction and Consent Judgment. H&R Block and Ms. Bechard-Frey 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. Bechard-Frey was employed by H&R Block in the Detroit (MI) District and provided tax preparation services pursuant to the parties' Tax Professional Employment Agreement, a copy of which was filed with H&R Block's Verified Complaint for Injunctive Relief.

         4. H&R Block asserted claims that Ms. Bechard-Frey violated post-employment restrictive covenants contained in her employment agreement.

         5. H&R Block and Ms. Bechard-Frey have now reached a confidential settlement 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.

         6. H&R Block and Ms. Bechard-Frey having stipulated to this Court entering this Permanent Injunction and Consent Judgment, the Court finds as follows, and IT IS HEREBY ORDERED that:

         a) Ms. Bechard-Frey is prohibited from directly or indirectly contacting, soliciting, or providing services to an H&R Block Company Client[1] for a period of two (2) years from the date of this Order. Although Ms. Bechard-Frey may engage in general advertising for tax preparation services, she is prohibited from targeting those services at H&R Block clients, and shall not use third party advertisers or vendors to indirectly engage in any conduct otherwise prohibited under this Order. In the event that an H&R Block Company Client contacts Ms. Bechard-Frey as the result of her advertising, Ms. Bechard-Frey will decline to perform services for that Client;

         b) Ms. Bechard-Frey 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 this Order. Although Ms. Bechard-Frey may engage in general advertising for tax preparation services, she is prohibited from targeting those services at H&R Block clients, and shall not use third party advertisers or vendors to indirectly engage in any conduct otherwise prohibited under this Order. In the event that an H&R Block Company Client contacts Ms. Bechard-Frey as the result of her advertising, Ms. Bechard-Frey will decline to perform services for that Client;

         c) Ms. Bechard-Frey 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 this Order;

         d) Ms. Bechard-Frey is hereby enjoined from using or disclosing confidential or proprietary information or any trade secrets of H&R Block, including customer names and data;

         e) Ms. Bechard-Frey 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 ...


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