This case was last updated from PACER on 10/26/2021 at 06:26:50 (UTC).

CVS Pharmacy, Inc. v. Marsack et al

Case Summary

On October 25, 2021, CVS Pharmacy, Inc. (“CVS” or “Plaintiff”), represented by Richard W. Warren of Miller, Canfield, Paddock and Stone, P.L.C., filed a labor lawsuit against Samantha Marsack (“Marsack”) and Home Care Services, Inc. d/b/a KabaFusion (“KabaFusion”) (collectively, “Defendants”), seeking injunctive and compensatory relief along with attorneys’ fees and costs for the Defendant’s alleged failure to perform her obligations under her Agreement, and therefore constituting material breach of the terms and conditions of her Agreement. This case was filed in U.S. District Court in the Eastern District of Michigan with Judge Robert H. Cleland and Judge Curtis Ivy, Jr. presiding. 

 

In the complaint, the Plaintiff alleged that, “As a condition of her employment, Marsack signed a Restrictive Covenant Agreement (the “Agreement”) containing, among other things, a one-year post- employment customer non-solicitation provision and prohibitions against using CVS/Coram’s confidential information for purposes other than in the performance of her job.”

 

The Plaintiff further alleged that, “In March 2021, Marsack resigned from Coram. At the time, she refused to identify her new employer. Three months later, in June 2021, Coram learned that Marsack had accepted a Clinical Liaison position in the greater Detroit area with its direct competitor, KabaFusion. CVS contacted Marsack and KabaFusion, expressing concern about her new role and her continuing obligations to CVS under the Agreement. KabaFusion assured CVS that Marsack would not be calling on the Beaumont Health System, or other Coram clients. CVS accepted KabaFusion’s representations.”

 

The Plaintiff also alleged that, “On October 15, 2021, a Coram employee saw Marsack firsthand at the Dearborn Beaumont Hospital – one of the largest clients she serviced during her Coram employment and one of the accounts she and KabaFusion committed she would not service the duration of her non-solicitation restriction – handing out her KabaFusion business card to a Coram customer. She did so openly, and without any apparent concern that she was acting in direct violation of the Agreement.”

 

The Plaintiff lists out three claims for relief. The first claim alleged is against Marsack for Breach of Contract. The second claim alleged is against KabaFusion for Tortious Interference with a Contractual Relationship and the third claim alleged is against both Defendants for Tortious Interference with Prospective Business Advantage. The Plaintiff also alleged that, on information and belief, Marsack has solicited at least one CVS customer on behalf of KabaFusion. Plaintiff further alleged that Marsack was seen actively engaging in marketing and sales efforts at a hospital that she had actual knowledge was a current CVS customer regarding services in which KabaFusion is a direct CVS competitor. 



In the prayer for relief, the Plaintiff requested the Court to award CVS compensatory, consequential, and exemplary damages and enter a temporary restraining order and preliminary and permanent injunction enjoining Marsack, from interfering with CVS’s relationships with its Business Partners by soliciting or communicating with a Business Partner to (i) induce or encourage the Business Partner to stop doing business or reduce its business with CVS, or (ii) buy a product or services that competes with a product or services offered by CVS’ business and from improperly using any of CVS’ Confidential Information, as defined by the Agreement. The Plaintiff further requested the Court for fees and costs, including reasonable attorneys’ fees and such other and further relief to which CVS is justly entitled.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-12498

  • Filing Date:

    10/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

Judge Details

Presiding Judge

Robert H. Cleland

Referral Judge

Curtis Ivy, Jr

 

Party Details

Plaintiff

CVS Pharmacy, Inc.

Defendants

Samantha Marsack

Home Care Services, Inc. d/b/a Kabafusion

Attorney/Law Firm Details

Plaintiff Attorney

Richard W. Warren

Attorney at Miller, Canfield,

150 W. Jefferson Avenue, Suite 2500

Detroit, MI 48226-4415

 

Court Documents

#1

1 #1

Exhibit A-C

#2

#3

#4

 

Docket Entries

  • 10/25/2021
  • DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SKra) (Entered: 10/25/2021)

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  • 10/25/2021
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  • Docket(#4) SUMMONS Issued for *Samantha Marsack* (SKra) (Entered: 10/25/2021)

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  • 10/25/2021
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  • Docket(#3) SUMMONS Issued for *Home Care Services, Inc. d/b/a Kabafusion* (SKra) (Entered: 10/25/2021)

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  • 10/25/2021
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  • Docket(#2) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Warren, Richard) (Entered: 10/25/2021)

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  • 10/25/2021
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  • Docket(#1) COMPLAINT filed by CVS Pharmacy, Inc. against Home Care Services, Inc. d/b/a Kabafusion, Samantha Marsack. Plaintiff requests summons issued. Receipt No: AMIEDC-8665580 - Fee: $ 402. County of 1st Plaintiff: Out of state - County Where Action Arose: Wayne - County of 1st Defendant: Macomb. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit A-C) (Warren, Richard) (Entered: 10/25/2021)

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