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DOCUMENT 2

ELECTRONICALLY FILED
8/8/2019 8:34 AM
38-CV-2019-900486.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK
IN THE CIRCUIT COURT
OF HOUSTON COUNTY, ALABAMA

FOY STEVEN GLOVER, individually; )


FOY STEVEN GLOVER d/b/a THE
DOTHAN ATHLETIC CLUB; FOY )
STEVEN GLOVER d/b/a MAX FITNESS,
)
Plaintiffs,
)
vs. CIVIL ACTION NO.: CV-2019-
)
MARCUS TAYLOR, individually,
And CRUNCH FITNESS, )

Defendants. )

PLAINTIFF’S CIVIL COMPLAINT, DEMAND FOR TEMPORARY RESTRAINING


ORDER, PRELIMINARY INJUNCTION & PERMANENT INJUNCTION, AND
DEMAND FOR TRIAL BY JURY AS TO ALL ISSUES SO TRIABLE

COME NOW THE PLAINTIFFS, Foy Steven Glover, individually; Foy Steven Glover

d/b/a The Dothan Athletic Club; and, Foy Steven Glover d/b/a Max Fitness, and hereby file their

Complaint against the Defendants and Demand for Injunctive Relief from this Honorable Court in

the form of a Temporary Restraining Order, a Preliminary Injunction and a Permanent Injunction,

so as to bar and enjoin all of the Defendants’ wrongful conduct, pursuant to the following:

JURISDICTION

1. Plaintiff, Foy Steven Glover, is an adult resident of Houston County, Alabama,


residing at 3299 County Road 25, Suite B, Dothan, Alabama 36303.

2. Plaintiff, Foy Steven Glover d/b/a The Dothan Athletic Club, is a properly licensed
Gym/Health Club/Fitness Studio, continuously operating and located at all times material hereto,
at 3509 Montgomery Highway, Dothan, Alabama 36303.
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3. Plaintiff, Foy Steven Glover d/b/a Max Fitness, was a properly licensed
Gym/Health Club/Fitness Studio, formerly operating and located at all times material hereto, at
3509 Montgomery Highway, Dothan, Alabama 36303.

4. Defendant, Marcus Taylor is an adult, over the age of nineteen, that at all times
material hereto, has been a resident of Houston County, Alabama, and does business now at Crunch
Fitness, 3850 West Main Street, Dothan, Alabama 36305.

5. Defendant, Crunch Fitness, is a Gym/Health Club/Fitness Studio, now operating


and located at all times material hereto at 3850 West Main Street, Dothan, Alabama 36305.

6. This Honorable Court, the Circuit Court of Houston County, Alabama, has subject
matter jurisdiction as to the issues presented in this case and personal jurisdiction over all parties
before this Court.

STATEMENT OF THE CASE

7. This Action involves the tortious acts of the Defendants, and the Breach of a non-
compete contractual agreement by the various Defendants, as well as the Defendants’ theft of
intellectual property and confidential/proprietary information from the Plaintiffs, et al. As a
condition to Defendant Marcus Taylor’s employment with Plaintiffs, he voluntarily signed and
executed a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”. As part
of that agreement Defendant Taylor voluntarily agreed not to immediately work with Plaintiffs’
competitor(s), to limit his contact with Plaintiffs’ clients should he leave employment with
Plaintiffs and to protect the intellectual property and confidential information of Plaintiffs from
their competitors, etc. However, in July, 2019, Defendant Taylor resigned his employment with
Plaintiffs and almost immediately began working for Plaintiffs’ direct competitor, Crunch Fitness.
In doing so, the Defendants worked to misappropriate and to take Plaintiffs’ intellectual property,
proprietary and confidential information, including its client’s lists and contact information, and
to provide and/or utilize that stolen information as they worked with Plaintiffs’ competitor. Since
leaving Plaintiffs’ employment, Defendant Taylor has continued to contact Plaintiffs’ customers
and employees, to utilize Plaintiffs’ proprietary information, to disrupt and to destroy Plaintiffs’
business, and have, e.g., completely refused to abide by the terms of the contract that he voluntarily
signed. This action has therefore been filed in an effort to enjoin the named Defendants from
further such activity and to remedy what has already been done.

RECITATION OF FACTS

8. Over the past few years, Plaintiff, Foy Steven Glover, has worked to own and to
operate a Gym/Health Club/Fitness Studio in Dothan, Alabama.
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9. Initially, this Gym/Health Club/Fitness Studio was operated under the name of Max
Fitness and offered and/or provided basic gym/health related services to its customers/clients,
including weightlifting, fitness classes, and various forms of exercise and health instruction. The
gym also, of course, offered essential free weights, machine weights and other related items, along
with the instruction on how to utilize such items.

10. Over time, this business has grown and even thrived. Said business has actually
grown and expanded over time from a relatively basic gym, with limited free weights and
machines, etc., to a full-fledged Health Studio/Club, that offered far more services, instruction,
classes, instructors, and equipment. These additional services included such things as direct
instruction, group classes, saunas, massages, and tanning services, as well as more exotic and
extreme weights and machines, et al.

11. In addition to the various types of equipment offered, this organization has
expanded rapidly over time to provide all manner of health related instruction and classes,
including dietary instruction, health and well-being classes, Zumba classes, Dance related classes,
Pilates/Yoga, aerobic classes, Cycling classes, and all sorts of other related classes/sessions and/or
events which were not offered initially.

12. In fact, from a relatively basic/general operation, this organization has grown over
the years, much like the industry itself, to now include all manner of various related health services,
classes and equipment, much of which was not initially even considered or potentially available.

13. As the gym has expanded from a basic gym to a full-fledged health studio, its name
has also changed. What was initially Gold’s Gym, became Max Fitness, in January, 2015.
Thereafter, on or around January, 2018, the name was changed again from Max Fitness, to the
Dothan Athletic Club. Despite the various name changes however, Plaintiff, Foy Steven Glover,
was essentially the Owner/Operator for the gym/studio at all times material hereto.

14. Plaintiff, Foy Steven Glover, was, at all times material hereto, the individual that
was ultimately responsible for operating the gym, paying all of its debts and obligations,
hiring/supervising/paying its employees, and overall, with working to ensure its survival. All of
the employees, at all times material hereto, are working, by, under and through, Foy Steven Glover,
and the business that he owns.

15. Notwithstanding the various names utilized by Plaintiff and his business over the
years, the individual Defendant, Marcus Taylor, at all times material hereto, was hired by, was
working for, and was an employee of, the Plaintiff, Foy Steven Glover.
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16. Prior to December 2017, Plaintiffs retained Marcus Taylor, to be an


employee/instructor/manager/trainer, for his gym/health club/fitness studio.

17. As a condition of his employment with Plaintiffs, the individual Defendant signed
a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”. As part of that
agreement the Defendant voluntarily agreed not to immediately work with Plaintiffs’ competitor(s)
should he leave his employment with Plaintiffs, to limit his contact with Plaintiffs’ clients should
he leave employment with Plaintiffs and to protect the intellectual property and confidential
information of Plaintiffs from their competitors, etc., no matter what he decided to do or where he
decided to work.

18. This was the situation, until the last few weeks. Over the past few weeks,
Defendant, Crunch Fitness, one of Plaintiffs’ direct competitors, determined without reason or
cause, to destroy Plaintiff’s business.

19. Specifically this Defendant began working to hire the employees/instructors that
Plaintiffs had paid to train and develop, to steal Plaintiffs’ clients/customers, so as to get them to
come to its facility, and to misappropriate and/or utilize Plaintiffs’ confidential information, to
benefit its own operation.

20. As such, some days ago, Defendant, Marcus Taylor, unexpectedly resigned his
employment with Plaintiffs. This Defendant then took Plaintiffs’ confidential information to the
Defendant, Crunch Fitness, and bragged about his accomplishments.

21. Since that time, Defendants have continued to utilize Plaintiffs’ confidential
information and have continued to attempt to hire other employees/instructors away from
Plaintiffs’ business. Upon information and belief, the Defendant Taylor has taken Plaintiffs’
confidential information to the Defendant, Crunch Fitness, and both have bragged about their
accomplishments.

22. In fact, prior to his resignation, upon information and belief, Defendant Taylor,
entered onto Plaintiffs’ premises, without permission, seeking to copy and/or misappropriate the
specific confidential and proprietary information of the Plaintiffs, and to disrupt, damage and
destroy Plaintiffs’ business.

23. Furthermore, prior to his resignation, Defendant Taylor wrongfully deleted


Plaintiffs’ proprietary information from Plaintiffs’ Computer, illegally copied Plaintiffs’ customer
lists and contact information, and even changed/modified/altered Plaintiffs’ computer system, all
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in an effort apparently to damage, disrupt and destroy Plaintiffs’ business. Defendant erased
various information and apparently misappropriated what he could not readily delete.

24. Upon information and belief, all of the above actions were done at the direct request
and with the full knowledge of the Defendant, Crunch Fitness. These Defendants ultimately
misappropriated/stole Plaintiffs’ protected and confidential information and took it to the
Defendant Crunch Fitness and bragged about their accomplishments.

25. Upon information and belief, Defendant Taylor has, at various times, and prior to
his resignation and departure, worked to engage in the activity noted above, and/or to delete
Plaintiffs’ computer information, to damage and disrupt Plaintiffs’ business systems, to damage
Plaintiffs’ computer systems, to misappropriate Plaintiffs’ customer lists and contact information,
and otherwise, to misappropriate Plaintiffs’ proprietary information.

26. The Defendant, Taylor, has engaged in this misconduct, despite being counseled
and warned by Plaintiffs that such would not be acceptable, and despite being specifically warned
that these actions would violate the contract that he signed as a condition of his employment with
the Plaintiffs.

27. The term of the non-compete agreement/contract signed by the individual


Defendant were very clear, and by signing same the Defendant agreed that he would not work with
a direct competitor, such as Crunch Fitness, and that he would not misappropriate the confidential
information of the Plaintiffs.

28. Defendant Taylor voluntarily signed the contract, which is in part the subject of this
case, based upon his desire to work with Plaintiffs.

29. As to the contract itself, it simply asked Defendant to agree to limit his own work
activities and contact with the Plaintiffs’ customers should he leave Plaintiffs’ employment and
perhaps most importantly, the Defendant agreed not to disclose Plaintiffs’ intellectual property and
trade secrets, including information about customers, etc.

30. After the Defendant Taylor voluntarily signed the non-compete agreement attached
hereto as Plaintiffs’ Exhibit “1”, he continued in his employment with Plaintiffs. The Defendant
readily accepted both the money and his employment with Plaintiffs and expressed pleasure in
having said employment.
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31. In his capacity with Plaintiff, the Defendant Taylor continued to have full access to
the Plaintiffs’ intellectual property, trade secrets, customer lists, and all other vital business
information, including specifically the Computer and related Software. The Defendant also
continued to contact and interact with the Plaintiffs’ customers during this period and to grow his
relationship with same.

32. This situation and the Defendant’s employment continued with Plaintiffs, until he
voluntarily and unexpectedly resigned his position with Plaintiffs and began working instead for
Plaintiffs’ direct competitor, Crunch Fitness.

33. In his capacity with Defendant Crunch Fitness, the individual Defendant has called
on various customers/client of Plaintiffs, encouraged said clients to leave Plaintiffs and come to
Defendant, Crunch Fitness’ classes and gym, encouraged various employees/instructors/trainers
to come with him to the Defendant’s gym, and otherwise, said Defendant has worked to disrupt
and destroy Plaintiffs’ business in every way that he could.

34. In his capacity with the Defendant, Crunch Fitness, Defendant Taylor has
disseminated Plaintiffs’ intellectual property and trade secrets.

35. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
continued to withhold various documents and other property that he unlawfully removed from
Plaintiffs’ premises.

36. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
done his very best to damage and destroy Plaintiffs’ business and reputation. Said conduct of these
Defendants has been in direct violation of ethics and good conscious, as well as in direct violation
of the contractual agreement which was voluntarily signed and entered.

WHEREFORE, ALL PREMISES CONSIDERED, as a consequence of the above

described conduct, Plaintiffs, Steven Foy Glover, et al., must hereby respectfully pray for relief

and justice, to wit:


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COUNT I-BREACH OF CONTRACT

37. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through Thirty-Six, (Numbered 1-36), as if fully set out and revered herein in
full.

38. The individual Defendant was offered formal full-time employment with Plaintiffs.
The offer of employment was made as part of a formal employment contract.

39. As a condition of his employment with Plaintiffs, the individual Defendant signed
a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”. As part of that
agreement the individual Defendant voluntarily agreed, e.g., not to immediately work with
Plaintiffs’ competitor(s) should he leave employment with Plaintiffs, to limit contact with
Plaintiffs’ clients should he leave employment with Plaintiffs and to protect the intellectual
property and confidential information of Plaintiffs from their competitors, etc., no matter what he
decided to do or where he decided to work.

40. The individual Defendant accepted his offer of employment with Plaintiffs and
agreed to the formal terms of the contract attached as Exhibit “1”, as a condition of his employment
with Plaintiffs.

41. The individual Defendant received and/or was provided lawful consideration as
part of the process of accepting his formal employment contract with Plaintiffs.

42. The individual Defendant breached the formal contract of employment with
Plaintiffs, as stated above and herein.

43. As a result of Defendants’ breach of the various contractual obligations, Plaintiffs


were severely damaged.

44. As a result of Defendants’ extreme misconduct Plaintiffs have been severely


damaged and have suffered extreme loss. Specifically, as a result of the Defendants’ misconduct
and breach, Plaintiffs have, e.g., lost customers and business, have had their intellectual property
and trade secrets disseminated, have been deprived of their property and in various other ways
have been damaged.
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45. Wherefore Plaintiffs hereby demand judgment against the Defendants for any and
all compensatory damages to which they are entitled and as to which they may plead and prove at
trial. Plaintiffs demand damages in the amount necessary as well as possible, to make them whole.
Plaintiffs further demand other injunctive relief as may be appropriate.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and

in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law.

COUNT II-INTERFERENCE WITH BUSINESS RELATIONS

46. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through Forty-Six, (Numbered 1-46), as if fully set out and re-averred herein in
full.

47. After the events described herein and above, in the preceding paragraphs, the
former employee of Plaintiffs, was offered the chance to work with Defendant Crunch Fitness.

48. Following his resignation, Plaintiffs’ former employee when to work for the
Defendant, Crunch Fitness.

49. In his capacity with Crunch Fitness, Plaintiffs’ former employee has called on
Plaintiffs’ clients/customers and worked to make them clients/customers of Defendant, Crunch
Fitness, et al.

50. In his new employment capacity, Plaintiffs’ former employee has provided
misleading, false and inaccurate information to Plaintiffs’ customers/clients, all in an effort to
make them customers of Defendant, Crunch Fitness.

51. Plaintiffs’ customers have had their own contracts in place with Plaintiffs at all
times material hereto, and Defendants have worked independently and together, to cause Plaintiffs’
customers to breach said contracts with Plaintiffs.
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52. In his new employment capacity, Plaintiffs’ former employee has utilized the
proprietary and confidential information of Plaintiffs, to assist Crunch Fitness in its business
operations.

53. In his new employment capacity, Plaintiffs’ former employee has contacted various
other employees of Plaintiffs and has attempted to persuade them to leave their employment with
Plaintiffs and come to work instead with Defendant, Crunch Fitness. Defendants, independently
and together, have provided false and misleading information to Plaintiffs’ employees in an effort
to make this happen.

54. In his new capacity with Defendant, Crunch Fitness, Plaintiffs’ former employee
has continued to misappropriate and to withhold various documents and other proprietary
information, data and physical/tangible property that he unlawfully removed from Plaintiffs’
premises and has refused to return same to Plaintiffs.

55. In his new capacity with Defendant, Crunch Fitness, Plaintiffs’ former employee
has continued to withhold certain computer data, and instead, has continued to use that data to the
benefit of his new employer. This data rightfully belongs to Plaintiffs and must be immediately
returned.

56. Following his new employment with the Defendant, Crunch Fitness, both Defendants
have worked extensively and at length to damage and destroy Plaintiffs’ business and reputation.
Said conduct, described above and herein, constitutes the tortuous interference with business
relations.

57. Defendant, Crunch Fitness, was at all times material hereto, well aware of the
contract in place between Plaintiffs and their former employee, as well as the contract in place
between Plaintiffs and their various customers. Even so, both Defendants, independently and
together, have all conspired at length to interfere with, to damage and to destroy, the respective
contractual obligations at issue.

58. All of the conduct described above has been designed to interfere with Plaintiffs’
business and reputation and to destroy same.

59. As a result of the conduct described above and herein, Plaintiffs have been severely
damaged and have suffered extreme loss. Specifically, Plaintiffs have lost customers and business,
have had to deal with employee problems, have had their intellectual property and trade secrets
disseminated, have been deprived of their property and in various other ways have been damaged.
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WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and

in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law. Plaintiffs further demand PUNITIVE DAMAGES, as necessary and appropriate,

and in an amount of at least $500,000, so as to punish the entities named for their intentional

misconduct and to show that such actions can neither be tolerated nor accepted in a civilized

society. Plaintiffs also plead for any and all other relief to which they may be justifiably entitled

under the law.

COUNT III-CONVERSION

60. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through Fifty-Nine, (Numbered 1-59), as if fully set out and re-averred herein in
full.

61. As stated herein, the individual Defendant was offered formal full-time
employment with Plaintiffs. This offer of employment was made as part of a formal employment
contract.

62. As a condition of his employment with Plaintiffs, the individual Defendant agreed
not to misappropriate, disseminate and/or steal the confidential/proprietary information and/or
Trade Secrets of the Plaintiffs.

63. Furthermore, as a condition of his employment with Plaintiffs, the individual


Defendant signed a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”.
As part of that agreement the Defendant voluntarily agreed, e.g., not to immediately work with
Plaintiffs’ competitor(s) should he leave employment with Plaintiffs, to limit contact with
Plaintiffs’ clients should he leave employment with Plaintiffs and to protect the intellectual
property and confidential information of Plaintiffs from their competitors, etc., no matter what he
decided to do or where he decided to work.
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64. The individual Defendant accepted employment with Plaintiffs and agreed to the
formal and informal terms of the contract, as a condition of employment with Plaintiffs.

65. The individual Defendant received and/or was provided lawful consideration after
accepting the formal employment contract with Plaintiffs.

66. The individual Defendant breached the formal contract of employment with
Plaintiffs, as stated above and herein.

67. Upon leaving Plaintiffs’ premises, the individual Defendant knowingly


misappropriated, stole and/or took confidential/proprietary information from Plaintiffs.

68. At various times, the individual Defendant entered Plaintiffs’ premises, without
permission, seeking to copy and/or misappropriate the specific confidential and proprietary
information of the Plaintiffs, and to disrupt, damage and destroy Plaintiffs’ business.

69. Furthermore, upon information and belief, the individual Defendant, wrongfully
deleted Plaintiffs’ proprietary information, including various items found on social media, illegally
misappropriated data from Plaintiffs’ computer, illegally copied Plaintiffs’ customer lists and
contact information, and even changed/altered Plaintiffs’ computer system, all in an effort
apparently to damage, disrupt and destroy Plaintiffs’ business.

70. Upon information and belief, all of the above actions were done at the direct request
and with the full knowledge of the Defendant, Crunch Fitness. These Defendants ultimately took
Plaintiffs’ protected and confidential information to the premises of the Defendant, Crunch Fitness,
and bragged about their accomplishments.

71. As a result of Defendants’ conversion of Plaintiffs’ property, Plaintiffs were


severely damaged.

72. As a result of Defendants’ extreme misconduct Plaintiffs have been severely


damaged and have suffered extreme loss. Specifically, as a result of the Defendants’ misconduct
and breach, Plaintiffs have, e.g., lost customers and business, have had their intellectual property
and trade secrets disseminated, have been deprived of their property and in various other ways
have been damaged.
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73. Wherefore Plaintiffs hereby demand judgment against the Defendants for any and
all compensatory damages to which they may be entitled and as to which they may plead and prove
at trial. Plaintiffs demand punitive damages, and Plaintiffs demand damages in the amount
necessary as well as possible, to make them whole. Plaintiffs further demand other injunctive
relief as may be appropriate.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and

in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law. Plaintiffs further demand PUNITIVE DAMAGES, as necessary and appropriate,

in an amount of at least $500,000, so as to punish the entities named for their intentional

misconduct and to show that such actions can neither be tolerated nor accepted in a civilized

society. Plaintiffs also plead for any and all other relief to which they may be justifiably entitled

under the law.

COUNT IV-CIVIL THEFT

74. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through Seventy-Three (Numbered 1-73), as if fully set out and re-averred herein
in full.

75. The individual Defendant was offered formal full-time employment with Plaintiffs.
The offer of employment was made as part of a formal employment contract.

76. As a condition of employment with Plaintiffs, the individual Defendant agreed not
to misappropriate, disseminate and/or steal the confidential/proprietary information and/or Trade
Secrets of the Plaintiffs. Please see Exhibit “1”.

77. Furthermore, as a condition of employment with Plaintiffs, the individual


Defendant signed a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”.
As part of that agreement the Defendant voluntarily agreed, e.g., not to immediately work with
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Plaintiffs’ competitor(s) should he leave employment with Plaintiffs, to limit contact with
Plaintiffs’ clients should he leave employment with Plaintiffs and to protect the intellectual
property and confidential information of Plaintiffs from their competitors, etc., no matter what he
decided to do or where he decided to work.

78. The individual Defendant accepted employment with Plaintiffs and agreed to the
formal and informal terms of the contract, as a condition of employment with Plaintiffs.

79. Upon leaving Plaintiffs’ premises, the individual Defendant knowingly


misappropriated, stole and/or took various amounts of confidential/proprietary information from
Plaintiffs, including Plaintiffs’ data and software.

80. Furthermore, upon information and belief, the individual Defendant, entered the
premises of Plaintiffs, without permission, seeking to copy and/or misappropriate the specific
confidential and proprietary information of the Plaintiffs, and to disrupt, damage and destroy
Plaintiffs’ business.

81. In fact, the individual Defendant wrongfully deleted Plaintiffs’ proprietary


information, including information found on social media, damaged Plaintiffs’ computer, illegally
copied Plaintiffs’ customer lists and contact information, and even altered Plaintiffs’ computer
system, all in an effort apparently to damage, disrupt and destroy Plaintiffs’ business.

82. Upon information and belief, all of the above actions were done at the direct request
and with the full knowledge of the Defendant, Crunch Fitness. These Defendants ultimately took
Plaintiffs’ protected and confidential information to the premises of the Defendant Crunch Fitness
and bragged about their accomplishments.

83. As a result of Defendants’ conversion of Plaintiffs’ property, Plaintiffs were


severely damaged.

84. As a result of Defendants’ extreme misconduct Plaintiffs have been severely


damaged and have suffered extreme loss. Specifically, as a result of the Defendants’ misconduct
and breach, Plaintiffs have, e.g., lost customers and business, have had their intellectual property
and trade secrets disseminated, have been deprived of their property and in various other ways
have been damaged.

85. Pursuant to Alabama law and Alabama Statutory Authority, each and every act of
criminal malfeasance gives rise to a similar/identical civil cause of action for recovery of the
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property affected. As such, in this instance, Defendants’ criminal theft of Plaintiffs’ property gives
rise to the instant cause of action for Civil Theft.

86. Wherefore Plaintiffs hereby demand judgment against the Defendants for any and
all compensatory damages to which they may be entitled and as to which they may plead and prove
at trial. Plaintiffs demand punitive damages, and Plaintiffs demand damages in the amount
necessary as well as possible, to make them whole. Plaintiffs further demand other injunctive
relief as may be appropriate.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and

in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law. Plaintiffs further demand PUNITIVE DAMAGES, in the amount of at least

$500,000, as necessary and appropriate, to punish the entities named for their intentional

misconduct and to show that such actions can neither be tolerated nor accepted in a civilized

society. Plaintiffs also plead for any and all other relief to which they may be justifiably entitled

under the law.

COUNT V-FRAUD/MISREPRESENTATION

87. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through Eighty-Six, (Numbered 1-86), as if fully set out and re-averred herein
in full.

88. The individual Defendant was offered formal full-time employment with Plaintiffs.
The offer of employment was made as part of a formal employment contract.

89. As a condition of employment with Plaintiffs, the individual Defendant agreed not
to misappropriate, disseminate and/or steal the confidential/proprietary information and/or Trade
Secrets of the Plaintiffs.
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90. The individual Defendant accepted employment with Plaintiffs and agreed to the
formal and informal terms of the contract, as a condition of his employment with Plaintiffs.

91. The individual Defendant misrepresented to the Plaintiffs that he could be trusted,
that he was trustworthy, and he could and would maintain inviolate the confidential information
and trade secrets that were owned by Plaintiffs, no matter their physical location.

92. The individual Defendant made the above noted fraudulent misrepresentations,
with the expectation that the Plaintiffs and that various other 3rd parties would rely upon said
statements.

93. Plaintiffs relied upon the Defendant’s misrepresentations, all to their legal
detriment, and have been severely damaged thereby.

94. Upon information and belief, all of the above actions were done at the direct request
and with the full knowledge of the Defendant, Crunch Fitness. The individual Defendant
ultimately took Plaintiffs’ protected and confidential information to the premises of the Defendant,
Crunch Fitness and bragged about his accomplishments.

95. As a result of Defendant’s Fraudulent Misrepresentations, Plaintiffs were severely


damaged.

96. As a result of Defendants’ extreme misconduct, Plaintiffs have been severely


damaged and have suffered extreme loss. Specifically, as a result of the Defendants’ misconduct,
Plaintiffs have, e.g., lost customers and business, have had their intellectual property and trade
secrets disseminated, have been deprived of their property and in various other ways have been
damaged.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and

in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law. Plaintiffs further demand PUNITIVE DAMAGES, in amount of at least $500,000,
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as necessary and appropriate, to punish the entities named for their intentional misconduct and to

show that such actions can neither be tolerated nor accepted in a civilized society. Plaintiffs also

plead for any and all other relief to which they may be justifiably entitled under the law.

COUNT VI-VIOLATION OF ALABAMA’S TRADE SECRETS ACT

97. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through Ninety-Six, (Numbered 1-96), as if fully set out and re-averred herein
in full.

98. The individual Defendant was offered formal full-time employment with Plaintiffs.
The offer of employment was made as part of a formal employment contract. Defendant accepted
said offer of employment and became employed with Plaintiffs.

99. As a condition of employment with Plaintiffs, the individual Defendant agreed not
to misappropriate, disseminate and/or steal the confidential/proprietary information and/or Trade
Secrets of the Plaintiffs.

100. The individual Defendant, despite knowing that he was employed by Plaintiffs,
conspired and worked together with the other named Defendant, Crunch Fitness, to misappropriate
Plaintiffs’ confidential and proprietary information, as well as their computer software and/or data,
and their intellectual property.

101. The individual Defendant thereafter left Plaintiffs’ employment and began almost
immediately working for the Defendant Crunch Fitness.

102. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
disseminated the intellectual property and trade secrets of Plaintiffs.

103. In his capacity with the Defendant, Crunch Fitness, the Defendant has disclosed
and/or or used the trade secrets of Plaintiffs without a privilege to do so, and are thus liable to
Plaintiffs, for misappropriation of its trade secrets, pursuant to applicable Alabama law.

104. Defendant, Crunch Fitness, by and through the Defendant Marcus Taylor, have:
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(1) discovered the trade secrets of Plaintiffs;

(2) disclosed and/or improperly used trade secret confidences reposed in them
by the individual Defendant;

(3) disclosed the trade secrets of Plaintiffs to third parties, knowing full well
that they were bound and obligated not to do so.

105. Defendant, Crunch Fitness, has received trade secret information from the
individual Defendant which they knew was confidential, which they knew was covered by the
non-compete agreement, and as to which they knew was not to be disclosed to them. Said
Defendants have and are continuing to use this information to their advantage and to the extreme
disadvantage of Plaintiffs.

106. The conduct and actions of the Defendants has been and still is in direct violation
of Ala. Code, § 8-27-3 (1975), et. seq., otherwise known as Alabama’s Trade Secrets Act.

107. As a result of this misconduct, Plaintiffs have been severely damaged and have
suffered extreme loss. Specifically, as a result of the Defendants’ conduct, statements and actions,
Plaintiffs have lost customers and business, have had their intellectual property and trade secrets
disseminated, have been deprived of their property and in various other ways have been damaged.

108. Wherefore Plaintiffs Demand Judgment against the various Defendants for:

a. Such injunctive and other equitable relief as may be appropriate;

b. Recovery of any profits and other benefits conferred by the


misappropriation that are attributable to the misappropriation;

c. The actual damages suffered as a result of the misappropriation;

d. Reasonable attorney's fees;

e. Exemplary damages;

f. Any and all other relief, to which Plaintiffs may be entitled under the law.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and
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in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law. Plaintiffs further demand PUNITIVE DAMAGES, in amount of at least $500,000,

as necessary and appropriate, to punish the entities named for their intentional misconduct and to

show that such actions can neither be tolerated nor accepted in a civilized society. Plaintiffs also

plead for any and all other relief to which they may be justifiably entitled under the law.

COUNT VII-CIVIL CONSPIRACY

109. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through One Hundred Eight, (Numbered 1-108), as if fully set out and re-averred
herein in full.

110. The individual Defendant was offered formal full-time employment with Plaintiffs.
The offer of employment was made as part of a formal employment contract. Defendant accepted
said offer of employment and became employed with Plaintiffs.

111. As a condition of employment with Plaintiffs, the individual Defendant agreed not
to misappropriate, disseminate and/or steal the confidential/proprietary information and/or Trade
Secrets of the Plaintiff.

112. Defendant has now conspired and worked together with the other named Defendant
to misappropriate Plaintiffs’ confidential information, proprietary information, computer data and
software and/or intellectual property.

113. The individual Defendant left Plaintiffs’ employment and began almost
immediately working for the Defendant Crunch Fitness.

114. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
disseminated the intellectual property and trade secrets of Plaintiffs.

115. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
refused to return Plaintiffs’ property, has disclosed and/or or used the trade secrets of Plaintiffs
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without a privilege to do so, and is thus liable to Plaintiffs, for misappropriation of Plaintiffs’
confidential information and trade secrets, pursuant to applicable Alabama law.

116. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
severely interfered with the business relations of Plaintiffs. The individual Defendant has
conspired with the Defendant, Crunch Fitness, to interfere with the business relations of Plaintiffs.

117. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has
severely interfered with the business relations of Plaintiffs. The individual Defendant has
conspired with the Defendant Crunch Fitness to violate Alabama’s Trade Secrets Act.

118. Said civil conspiracy by all of the various Defendants is unwarranted and unjust,
and is unlawful, and has been done with the specific intent to damage and interfere with the
business of Plaintiffs.

119. As a result of the civil conspiracy described above, Plaintiffs have been severely
damaged and have suffered extreme loss. Specifically, as a result of said conduct, Plaintiffs have
lost customers and business, have had to deal with employee problems, have had their intellectual
property and trade secrets disseminated, have been deprived of their property and in various other
ways have been damaged.

WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs hereby DEMAND judgment

against the Defendants, for any and all compensatory damages necessary to make them whole, and

in an amount not less than $1,000,000. Plaintiffs otherwise demand interest, attorneys’ fees, and

the costs of this action, as well as any and all other relief to which they may be justifiably entitled

under the law. Plaintiffs further demand PUNITIVE DAMAGES, in amount of at least $500,000,

as necessary and appropriate, to punish the entities named for their intentional misconduct and to

show that such actions can neither be tolerated nor accepted in a civilized society. Plaintiffs also

plead for any and all other relief to which they may be justifiably entitled under the law.

COUNT VIII:
APPLICATION AND DEMAND FOR TEMPORARY RESTRAINING ORDER
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120. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through One Hundred Nineteen, (Numbered 1-119), as if fully set out and re-
averred herein in full.

121. In his capacity with Plaintiffs, the individual Defendant became intimately familiar
with the working of Plaintiffs’ company(ies), made contact with almost all of the Plaintiffs’
customers and developed relationships with those customers, and in general, were privy to any and
all trade secret, intellectual property and other business information that the company had.

122. As a condition of his employment with Plaintiffs, the individual Defendant signed
a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”. As part of that
agreement the Defendant voluntarily agreed, e.g., not to immediately work with Plaintiffs’
competitor(s) should he leave his employment with Plaintiffs, to limit his contact with Plaintiffs’
clients should he leave employment with Plaintiffs and to protect the intellectual property and
confidential information of Plaintiffs from their competitors, etc., no matter what he decided to do
or where he decided to work.

123. As a condition of his employment with Plaintiffs, the individual Defendant signed
a contract, attached hereto as Plaintiffs’ Exhibit “1”. As part of that agreement the Defendant
voluntarily agreed to INJUNCTIVE RELIEF, should he violate his duties and responsibilities.

124. Specifically, Defendants agreed that:

(2) That the Company [PLAINTIFFS] shall suffer irreparable harm if the recipient
[DEFENDANT] should breach any of said protections and provisions; and

(3) the Monetary damages would be inadequate to compensate the Company


[PLAINTIFFS] for said breach.

And therefore, the Company [PLAINTIFFS] shall be “entitled to injunctive relief, in


addition to any other remedies at law or equity”.

125. The individual Defendant accepted this offer of employment with Plaintiffs and
agreed to the formal terms of his contract, as a condition of his employment with Plaintiffs.

126. The individual Defendant received and/or was provided lawful consideration as
part of the process of his accepting his formal employment contract with Plaintiffs.
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127. The individual Defendant has breached his formal contract of employment with
Plaintiffs, as stated above and herein.

128. As a result of Defendant’s breach of his various contractual obligations, Plaintiffs


were severely damaged.

129. Since leaving Plaintiffs, the individual Defendant has begun working for Plaintiffs’
direct competitor, Crunch Fitness.

130. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has:

(1) Called on various customers of Plaintiffs and attempted to make them customers of
Crunch Fitness;

(2) Contacted various employees of Plaintiffs and has attempted to persuade them to leave
their employment with Plaintiffs and instead come to work with the Defendant,
Crunch Fitness;

(3) Disseminated the intellectual property and trade secrets of Plaintiffs;

(4) Worked and done his very best to damage and destroy the business and reputation of
Plaintiffs;

(5) Lied to Plaintiffs’ customers and employees, making all manner of allegations;

131. Both before and after leaving Plaintiffs’ employment, the individual Defendant
was put on Notice, formally and informally, that he was bound by the terms of the contract that he
signed, and the Defendant, Crunch Fitness, was at all times material hereto completely aware of
the obligations under which the Plaintiffs’ former employees were bound.

132. Despite this knowledge and the communication described above, Defendant,
Crunch Fitness, has allowed the individual Defendant to continue with his employment, to
continue contacting Plaintiffs’ customers; to continue to contact the employees of Plaintiffs, and
has assisted the individual Defendant with interfering in the lawful business of Plaintiffs.

133. Based upon the foregoing, Plaintiffs hereby move this Honorable Court for an
Order temporarily restraining the Defendants, from:

A. Contacting Plaintiffs’ customers;


B. Soliciting Plaintiffs’ customers;
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C. Contracting with Plaintiffs’ customers;


D. Negotiating with Plaintiffs’ customers;
E. Contacting and/or communications with the employees of Plaintiffs;
F. Attempting to hire employees of Plaintiffs;
G. Using the trade secret information of Plaintiffs;
H. Deleting, damaging or destroying Plaintiffs’ vital data, customer information or
the confidential information maintained by, on or through the “Mind & Body”
software;
I. Using the intellectual property of Plaintiffs;
J. Using any of the information gained in violation of the non-compete agreement
at issue in this case;
K. Using any of the property and/or information converted from Plaintiffs’
premises;
L. Engaging in any conduct which violates Alabama’s Trade Secrets Act;
M. Assist any entity to, violate or engage in, any of the above.

134. Plaintiffs pray that said Temporary Restraining Order be enforced by the Sheriff’s
Department of Houston County, Alabama, if necessary.

135. Plaintiffs believe that a temporary restraining order is necessary to protect them,
their property, their customers, and their employees from the irreparable harm that will result if
the Defendants are allowed to continue to engage in their current course of conduct.

136. Plaintiffs aver that a Temporary Restraining Order should be issued without prior
notice which expires by law within ten (10) days and that a hearing should be held by the Court
within said ten (10) day period to hear on the merits of Plaintiffs’ application for preliminary
injunction and that same may be consolidated with the Plaintiffs' application for a permanent
injunction. Furthermore, Alabama Rules of Civil Procedure 65(b) provides in part that the
hearing for a preliminary injunction shall be set down for hearing at the earliest possible
time and takes precedence over all other matters except older matters of the same character.

137. Pursuant to Alabama Rules of Civil Procedure 65(c), Plaintiffs shall secure a Bond
for Security, as shall be established by this Honorable Court, for such costs, damages, and
reasonable attorney's fees as may be incurred or suffered by any party who is found to have been
wrongfully enjoined or restrained.

WHEREFORE, Plaintiffs hereby pray that this Court will issue an immediate Temporary

Restraining Order based upon this verified complaint which includes Plaintiffs’ statements of the

immediate and irreparable injury which may be caused to it, its property, its customers and its
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employees, in the absence of an immediate temporary restraining order, which is further supported

by the undersigned attorneys' certification in support thereof, and that the temporary restraining

order shall enjoin and restrain the Defendants, from taking any of the actions or engaging in the

conduct set forth above, pending hearing and determination of this cause, and that the Court

immediately set down a hearing on the application for Preliminary Injunction and Permanent

Injunction and consolidate the two hearings.

COUNT IX:
APPLICATION AND DEMAND FOR PRELIMINARY RESTRAINING ORDER
& PERMANENT INJUNCTION

138. Plaintiffs hereby adopt and incorporate the information found in the preceding
Paragraphs, One Through One Hundred Thirty-Seven, (Numbered 1-137), as if fully set out and
re-averred herein in full.

139. In his capacity with Plaintiffs, the individual Defendant became intimately familiar
with the working of Plaintiffs’ company(ies), made contact with almost all of the company’s
customers and developed relationships with those customers, and in general, were privy to any and
all trade secret, intellectual property and other business information that the company had.

140. As a condition of his employment with Plaintiffs, the individual Defendant signed
a non-compete contractual agreement, attached hereto as Plaintiffs’ Exhibit “1”. As part of that
agreement the individual Defendant voluntarily agreed, e.g., not to immediately work with
Plaintiffs’ competitor(s) should he leave his employment with Plaintiffs, to limit his contact with
Plaintiffs’ clients should he leave employment with Plaintiffs and to protect the intellectual
property and confidential information of Plaintiffs from their competitors, etc., no matter what he
decided to do or where he decided to work.

141. As a condition of his employment with Plaintiffs, the individual Defendant signed
a contract, attached hereto as Plaintiffs’ Exhibit “1”. As part of that agreement the individual
Defendant voluntarily agreed to INJUNCTIVE RELIEF, should he violate his duties and
responsibilities.

142. Specifically, the individual Defendant agreed that:


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(2) That the Company [PLAINTIFFS] shall suffer irreparable harm if the recipient
[DEFENDANT] should breach any of said protections and provisions; and

(3) the Monetary damages would be inadequate to compensate the Company


[PLAINTIFFS] for said breach…

And therefore the Company [PLAINTIFFS] shall be “entitled to injunctive relief, in


addition to any other remedies at law or equity”…

143. The individual Defendant accepted this offer of employment with Plaintiffs and
agreed to the formal terms of his contract, as a condition of his employment with Plaintiffs.

144. The individual Defendant received and/or was provided lawful consideration as
part of the process of their accepting their formal employment contract with Plaintiffs.

145. The individual Defendant has breached his formal contract of employment with
Plaintiffs, as stated above and herein.

146. As a result of Defendant’s breach of his various contractual obligations, Plaintiffs


were severely damaged.

147. Since leaving Plaintiffs, the individual Defendant has begun working for Plaintiffs’
direct competitor, Crunch Fitness.

148. In his capacity with the Defendant, Crunch Fitness, the individual Defendant has:

(1) Called on various customers of Plaintiffs and attempted to make them customers of
Crunch Fitness;

(2) Contacted various employees of Plaintiffs and has attempted to persuade them to leave
their employment with Plaintiffs and instead come to work with the Defendant, Crunch
Fitness;

(3) Disseminated the intellectual property and trade secrets of Plaintiffs;

(4) Worked and done his very best to damage and destroy the business and reputation of
Plaintiffs;

(5) Lied to Plaintiffs’ customers and employees, making all manner of allegations;
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149. Both before and after leaving Plaintiffs’ employment, the individual Defendant was
put on Notice, formally and informally, that he was bound by the terms of the contract that he
signed, and the Defendant, Crunch Fitness, was at all times material hereto completely aware of
the obligations under which the Plaintiffs’ former employee was bound.

150. Despite this knowledge and the communication described above, Defendant,
Crunch Fitness, has allowed the individual Defendant to continue with his employment, to
continue contacting Plaintiffs’ customers; to continue to contact the employees of Plaintiffs, and
has assisted the individual Defendant with interfering in the lawful business of Plaintiffs.

151. Based upon the foregoing, Plaintiffs hereby move this Honorable Court for an Order
Preliminary restraining and then Permanently Enjoining the Defendants, from:

A. Contacting Plaintiffs’ customers;


B. Soliciting Plaintiffs’ customers;
C. Contracting with Plaintiffs’ customers;
D. Negotiating with Plaintiffs’ customers;
E. Contacting and/or communications with the employees of Plaintiffs;
F. Attempting to hire employees of Plaintiffs;
G. Using the trade secret information of Plaintiffs;
H. Deleting, damaging or destroying Plaintiffs’ vital data, customer information or
the confidential information maintained by, on or through the “Mind & Body”
software;
I. Using the intellectual property of Plaintiffs;
J. Using any of the information gained in violation of the non-compete agreement
at issue in this case;
N. Using any of the property and/or information converted from Plaintiffs’
premises;
O. Engaging in any conduct which violates Alabama’s Trade Secrets Act;
P. Assist any entity to, violate or engage in, any of the above.

152. Plaintiffs pray that said Preliminary Restraining Order and Permanent Injunction
be enforced by the Sheriff’s Department of Houston County, Alabama, if necessary.

153. Plaintiffs believe that a Preliminary Restraining Order, and a Permanent Injunction
are necessary to protect Plaintiff as well as their property, their customers, and their employees
from the irreparable harm that will result if the individual Defendant is allowed to continue to
engage in his current course of conduct.
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154. Pursuant to Alabama Rules of Civil Procedure 65(c), the Plaintiffs shall, as
established by this Honorable Court, post a Bond for Security for such costs, damages, and
reasonable attorney's fees as may be incurred or suffered by any party who is found to have been
wrongfully enjoined or restrained with the Clerk of the Court.

155. Before the issuance of the Preliminary Restraining Order and the Permanent
Injunction, all parties to this action will have been before the Court on these matters, will have
been represented by their attorneys or other competent representatives and will have had their say
before the Court.

156. Plaintiffs avers that a Preliminary Restraining Order be issued by this Court
following a formal hearing on the merits of same, and that a hearing should be held by the Court
within said ten (10) day period to hear on the merits of Plaintiffs’ application for preliminary
injunction and that same may be consolidated with the Plaintiffs' application for a permanent
injunction. Furthermore, Alabama Rules of Civil Procedure 65(b) provides in part that the
hearing for a preliminary injunction shall be set down for hearing at the earliest possible
time and takes precedence over all other matters except older matters of the same character.

WHEREFORE, Plaintiffs, hereby pray that this Court will issue a Preliminary Restraining

Order and then a formal and permanent lawful INJUNCTION, based upon this verified complaint

which includes Plaintiffs’ statements of the immediate and irreparable injury which may be caused

to them, their property, their customers and their employees, in the absence of such an Order,

which is further supported by the undersigned attorneys' certification in support thereof, and that

the Order shall enjoin and restrain the Defendants, from taking any of the actions or engaging in

the conduct set forth above.

DEMAND FOR TRIAL BY JURY

COME NOW THE PLAINTIFFS, and hereby DEMAND A TRIAL BY JURY as to any

and all issues and causes of action so triable.


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RESPECTFULLY DONE AND SUBMITTED, this the 7th day of August, 2019.

/s/ Steadman S. Shealy, Jr., Esq.


Steadman S. Shealy, Jr., Esq. (SHE023)

/s/ Richard E. Crum, Esq.


Richard E. Crum, Esq. (CRU012)

Attorneys for Plaintiffs,


Foy Steven Glover, individually;
Foy Steven Glover d/b/a The Dothan Athletic Club;
and, Foy Steven Glover d/b/a Max Fitness

OF COUNSEL
SHEALY, CRUM & PIKE, LLC
2346 WEST MAIN STREET
DOTHAN, ALABAMA 36302
(334) 677-3000 Ph.
(334) 677-0030 Fax

SERVE DEFENDANTS, VIA PERSONAL SERVICE, AS FOLLOWS:

Marcus Taylor
3850 West Main Street
Dothan, Alabama 36305

Crunch Fitness
3850 West Main Street
Dothan, Alabama 36305
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EXHIBIT ‘1’
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ATTORNEY CERTIFICATION

I, Richard E. Crum Esq., attorney for the Plaintiffs, hereby certify to the Court as follows:

Notice should not be required to the Defendants for the Temporary Restraining Order

because, upon information and belief, the Defendants shall continue to try to:

A. Contact the customer of Plaintiffs;


B. Solicit the customers of Plaintiffs;
C. Negotiate with Plaintiffs’ customers;
D. Make sells to Plaintiffs’ customers;
E. Contact and/or communicate with the employees of Plaintiffs;
F. Attempt to hire employees of Plaintiffs;
G. Use the trade secret information of Plaintiffs;
H. Use the intellectual property of Plaintiffs;
I. Use any of the information gained in violation of the non-compete agreement
at issue in this case;
J. Use any of the property and/or information converted Plaintiffs’ premises;
K. Engage in conduct which violates Alabama’s Trade Secrets Act; and,
L. Assist other entities to engage in the above misconduct;

before service of this Complaint would be possible. In my opinion, immediate and irreparable

harm will result to Plaintiffs, unless the temporary restraining order is granted enjoining the

Defendants’ actions, and granting the other relief requested.

RESPECTFULLY DONE AND SUBMITTED, this the 7th day of August, 2019.

/s/ Richard E. Crum, Esq.


Richard E. Crum, Esq. (CRU012)
Attorney for Plaintiffs,
Foy Steven Glover, individually;
Foy Steven Glover d/b/a The Dothan Athletic Club;
and, Foy Steven Glover d/b/a Max Fitness