This case was last updated from U.S. District Courts on 02/01/2022 at 08:39:22 (UTC).

American Achievement Corp. et al v. Jostens, Inc.

Case Summary

On December 3, 2021, American Achievement Corp. (“AAC”), Taylor Publishing Company (“Taylor”), and Commemorative Brands, Inc. (“CBI,” and “Plaintiffs” or “Balfour”), represented by Jessica J. Nelson of Spencer Fane, filed a personal property lawsuit against Jostens, Inc. (“Jostens” or “Defendant”), seeking damages and injunctive relief along with costs of the action among other relief for the alleged scheme of stealing Balfour’s client and information by the Defendant. This case was filed in the United States District Court in the District of Minnesota. 

In the complaint, Plaintiffs alleged that, “This claim arises from Jostens’s concerted and nationwide scheme to unlawfully steal Balfour’s clients and confidential business information by offering Balfour’s sales representatives extremely lucrative payoffs to violate their non-competition agreements en masse and solicit their former clients and territories to transfer their business to Jostens. Specifically, over the past five months, Jostens has hired away more than twenty of Balfour’s sales representatives, all of whom were subject to reasonable and enforceable non-compete agreements, and has put them to work competing with Balfour for the very same clients and regions they previously serviced on Balfour’s behalf—in flagrant violation of their agreements.”

Plaintiffs also alleged that, “As a result of this scheme, and despite explicit contractual language precluding Balfour’s former sales representatives from directly or indirectly soliciting Balfour clients within the territories they previously serviced for Balfour, a significant majority of Balfour’s clients serviced by the poached representatives have transferred their business away from Balfour—resulting in losses of more than one thousand different clients and more than $10 million in annual revenue. Although Balfour is still grappling with the fallout of this tortious scheme, it is apparent that the vast majority of these former clients transferred their service to Jostens.”

Plaintiffs further alleged that, “Rather than competing fairly, Jostens has made the cynical determination that, instead of laying out substantial amounts of money and waiting years to patiently build goodwill with customers, it is cheaper and easier to seduce Balfour’s representatives to breach their non-competition agreements with enormous bonuses than to invest in the initial relationship-building” and “The representatives Jostens has poached have succumbed to this offer and engaged in open and overt breaches of their non-compete agreements, soliciting their former Balfour clients to transfer their business to Jostens or coordinating with Jostens employees to engage in a “soft hand-off” of clients. Demonstrating the unlawfulness of its own plot, Jostens even offered to indemnify some of the key Balfour sales representatives when Balfour inevitably sued.”

There are four claims of relief laid down by Plaintiffs. The first claim is for the alleged tortious interference with contractual relations with representatives. The second claim is for the alleged tortious interference with Balfour client contracts and business relations. The third claim is for the alleged violation of Minnesota Deceptive Trade Practices Act, Minn. Stat. § 325D.43, et seq. The fourth claim is for the alleged violation of Minnesota Uniform Trade Secrets Act, Minn. Stat. § 325C, et seq. 

In the prayer for relief, Plaintiffs requested the court for a judgment against Jostens for monetary and punitive damages in an amount to be proven at trial, injunctive relief, interest, costs of this action, attorney’s fees, and for all further relief the court deems just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    0:21-CV-02613

  • Filing Date:

    12/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Personal Property

Judge Details

Presiding Judge

Nancy E. Brasel

Referral Judge

Becky R. Thorson

 

Party Details

Plaintiffs and Counter Defendants

American Achievement Corp.

Taylor Publishing Company

Commemorative Brands, Inc.

Defendant and Counter Claimant

Jostens, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Donald G Heeman

Jason Sternberg

Jessica J Nelson

John F O'Sullivan

Joshua Fordin

Defendant and Counter Claimant Attorneys

Barry M Landy

Brett C. Govett

Felicia J Boyd

Jacob Fatula Siegel

Jacqueline Groves Baker

James Renard

Kyle W. Wislocky

Nathan Benjamin Baum

 

Court Documents

#34

(#34) Jostens, Inc.'s ANSWER to Complaint , Affirmative Defenses, COUNTERCLAIM , Request for Injunctive Relief, and Jury Demand against American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. filed by Jostens, Inc.. (Landy, Barry) (Entered: 01/31/2022)

#33

(#33) MEET and CONFER STATEMENT re #28 Motion to Stay, #24 Motion to Dismiss/General filed by Jostens, Inc..(Landy, Barry) (Entered: 01/28/2022)

#32

(#32) PROPOSED ORDER TO JUDGE re #28 MOTION to Stay Discovery filed by Jostens, Inc..(Landy, Barry) (Entered: 01/28/2022)

31 #4

Exhibit(s) D-Plf's First Request for Production

31 #3

Exhibit(s) C-January 18, 2022 correspondence

31 #1

Exhibit(s) A-January 5, 2022 correspondence

31 #31

Main Document

#28

(#28) MOTION to Stay Discovery filed by Jostens, Inc.. (Landy, Barry) (Entered: 01/28/2022)

#24

(#25) NOTICE OF HEARING ON MOTION #24 MOTION to Dismiss/General pursuant to Fed. R. Civ. P. 12(b)(6) : Motion Hearing set for 4/13/2022 at 10:00 AM in Judge's Chambers 13W (MPLS) before Judge Nancy E. Brasel. (Landy, Barry) (Entered: 01/28/2022)

#6

(#6) MOTION for Admission Pro Hac Vice for Attorney John F. OSullivan. Filing fee $ 100, receipt number AMNDC-9193760 filed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. (Nelson, Jessica) (Entered: 12/07/2021)

#5

(#5) SUMMONS Returned Executed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. Jostens, Inc. served on 12/6/2021, answer due 12/27/2021. (Nelson, Jessica) (Entered: 12/07/2021)

#3

(#3) Summons Issued as to Jostens, Inc. (CLK) (Entered: 12/06/2021)

1 #5

Civil Cover Sheet

1 #4

Exhibit(s) 4

1 #3

Exhibit(s) 3

1 #2

Exhibit(s) 2

1 #1

Exhibit(s) 1

#1

(#10) STIPULATION re #1 Complaint, for Extension of Time to Answer, Move or Otherwise Respond by Jostens, Inc.. Jointly Signed by American Achievement Corp, Taylor Publishing Company, and Commemorative Brands, Inc.. (Landy, Barry) (Entered: 12/16/2021)

36 More Documents Available
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Docket Entries

  • 01/31/2022
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  • Docket(#34) Jostens, Inc.'s ANSWER to Complaint , Affirmative Defenses, COUNTERCLAIM , Request for Injunctive Relief, and Jury Demand against American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. filed by Jostens, Inc.. (Landy, Barry) (Entered: 01/31/2022)

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  • 01/28/2022
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  • Docket(#33) MEET and CONFER STATEMENT re #28 Motion to Stay, #24 Motion to Dismiss/General filed by Jostens, Inc..(Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#32) PROPOSED ORDER TO JUDGE re #28 MOTION to Stay Discovery filed by Jostens, Inc..(Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#31) Declaration of Barry M. Landy in Support of #28 MOTION to Stay Discovery filed by Jostens, Inc.. (Attachments: #1 Exhibit(s) A-January 5, 2022 correspondence, #2 Exhibit(s) B-January 12, 2022 correspondence, #3 Exhibit(s) C-January 18, 2022 correspondence, #4 Exhibit(s) D-Plf's First Request for Production, #5 Exhibit(s) E-January 9, 2022 correspondence)(Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#30) MEMORANDUM in Support re #28 MOTION to Stay Discovery filed by Jostens, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#29) NOTICE OF HEARING ON MOTION #28 MOTION to Stay Discovery : Date and time to be determined. (Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#28) MOTION to Stay Discovery filed by Jostens, Inc.. (Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#27) PROPOSED ORDER TO JUDGE re #24 MOTION to Dismiss/General pursuant to Fed. R. Civ. P. 12(b)(6) filed by Jostens, Inc..(Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#26) MEMORANDUM in Support re #24 MOTION to Dismiss/General pursuant to Fed. R. Civ. P. 12(b)(6) filed by Jostens, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Landy, Barry) (Entered: 01/28/2022)

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  • 01/28/2022
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  • Docket(#25) NOTICE OF HEARING ON MOTION #24 MOTION to Dismiss/General pursuant to Fed. R. Civ. P. 12(b)(6) : Motion Hearing set for 4/13/2022 at 10:00 AM in Judge's Chambers 13W (MPLS) before Judge Nancy E. Brasel. (Landy, Barry) (Entered: 01/28/2022)

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14 More Docket Entries
  • 12/16/2021
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  • Docket(#10) STIPULATION re #1 Complaint, for Extension of Time to Answer, Move or Otherwise Respond by Jostens, Inc.. Jointly Signed by American Achievement Corp, Taylor Publishing Company, and Commemorative Brands, Inc.. (Landy, Barry) (Entered: 12/16/2021)

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  • 12/15/2021
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  • Docket(#9) RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Plaintiffs American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. (Nelson, Jessica) (Entered: 12/15/2021)

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  • 12/07/2021
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  • Docket(#8) MOTION for Admission Pro Hac Vice for Attorney Joshua T. Fordin. Filing fee $ 100, receipt number AMNDC-9193776 filed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. (Nelson, Jessica) (Entered: 12/07/2021)

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  • 12/07/2021
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  • Docket(#7) MOTION for Admission Pro Hac Vice for Attorney Jason D. Sternberg. Filing fee $ 100, receipt number AMNDC-9193766 filed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. (Nelson, Jessica) (Entered: 12/07/2021)

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  • 12/07/2021
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  • Docket(#6) MOTION for Admission Pro Hac Vice for Attorney John F. OSullivan. Filing fee $ 100, receipt number AMNDC-9193760 filed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. (Nelson, Jessica) (Entered: 12/07/2021)

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  • 12/07/2021
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  • Docket(#5) SUMMONS Returned Executed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. Jostens, Inc. served on 12/6/2021, answer due 12/27/2021. (Nelson, Jessica) (Entered: 12/07/2021)

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  • 12/06/2021

  • Docket(#4) (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing John F. O'Sullivan, Jason D. Sternberg, Joshua T.Fordin as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (CLK) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#3) Summons Issued as to Jostens, Inc. (CLK) (Entered: 12/06/2021)

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  • 12/06/2021

  • Docket(#2) (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Nancy E. Brasel per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Becky R. Thorson. Please use case number 21-cv-2613 NEB/BRT. (CLK) (Entered: 12/06/2021)

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  • 12/03/2021
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  • Docket(#1) COMPLAINT against Jostens, Inc. (filing fee $ 402, receipt number AMNDC-9187120) filed by American Achievement Corp., Commemorative Brands, Inc., Taylor Publishing Company. Filer requests summons issued. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Civil Cover Sheet) (Nelson, Jessica) (Entered: 12/03/2021)

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