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This case was last updated from PACER on 06/25/2021 at 07:43:47 (UTC).

Foundation Risk Partners, Corp. v. Walker

Case Summary

On April 26, 2021, Foundation Risk Partners, Corp. (“Plaintiff” or “FRP”), represented by Kevin Edmund Griffith of Littler Mendelson, P.C., filed a contract lawsuit against Taylor Walker (“Defendant” or “Walker”), seeking restraining order, injunctive relief and compensatory damages for alleged breach of written contractual promises. This case was filed in the U.S. District Court in the Southern District of Ohio with Judge Michael R. Barrett presiding. 

 

In its complaint, the Plaintiff alleged that, “Defendant has breached written contractual promises he owed to FRP. These promises expressly provided how, during the two-year period after his termination from employment with FRP’s predecessor, the Fifth Third Insurance Agency, Inc. (“Fifth Third”), Walker would not solicit, divert, entice, or take away, or attempt to take away—or accept business from—certain customers or prospective customers with whom he worked during his employment with Fifth Third and its predecessor, Epic Insurance Solutions, LLC (“Epic Insurance”). These promises are contained in a 2020 Fifth Third Incentive Compensation Plan (“the 2020 ICP Agreement”), which Walker entered into and executed with Fifth Third, and in the Employment, Non-Solicitation and Confidentiality Agreement Walker previously executed with Epic Insurance (the “Epic Agreement”)”. This acquisition became operative on December 31, 2020. 

 

The Plaintiff also alleged that, “On December 22, 2020, Walker voluntarily informed Fifth Third’s management he would not be accepting an employment offer from FRP. Fifth Third then paid Walker through December 31, 2020, which became his last paid day of employment with Fifth Third. Since January 2021 to date, Walker has been actively engaged in communications with, and soliciting and/or accepting business from, FRP’s customers and prospective customers. He also has been actively and intentionally diverting FRP’s customers’ business away from FRP to CBI Insurance Agency, a direct competitor of FRP’s based in Louisville, Kentucky.”

 

The Plaintiff further alleged that, “Since leaving Fifth Third to date, approximately 90 personal property and casualty insurance customers have left FRP, many if not all of which Walker knew, was servicing or had contact with immediately prior to his departure from Fifth Third. Walker’s foregoing communications and activities are in direct violation of his contractual non-solicitation promises owed to FRP.”

 

There are four claims for relief laid down by the plaintiff. The first claim is for alleged breach of contract. The second claim is for alleged unjust competition because through his actions, Walker wrongfully usurped and secured for himself the benefits of FRP’s (and its predecessors’) investment, training, research, risk, goodwill, analysis, reputation, and other work that FRP (and its predecessors). The third claim is for alleged tortious interference with contracts, business relationships, and prospective business advantage because Walker was aware of the insurance contracts and business relationships between FRP and its customers in the personal property. The fourth claim is for injunctive relief. 

 

In its prayer for relief the Plaintiff has requested the court to award damages against Walker for breach of contract, unfair competition, and tortious interference with contracts, business relationships, and prospective business advantage; and a temporary restraining order, with preliminary and permanent injunction, to preclude Walker from continuing to solicit, accept, divert, entice or take away from FRP its customers and prospective customers. Plaintiff further requested the Court to award compensatory damages against Walker in an amount exceeding $75,000.00 and such further relief, legal and equitable, including punitive damages, this Court deems just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00297

  • Filing Date:

    04/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Ohio Southern District

Judge Details

Presiding Judge

Michael R. Barrett

 

Party Details

Plaintiff

Foundation Risk Partners, Corp.

Defendant

Taylor Walker

Attorney/Law Firm Details

Plaintiff Attorneys

Kevin Edmund Griffith

Attorney at Littler Mendelson, P.C.

41 South High Street, Suite 3250

Columbus, OH 43215

Chad J Kaldor

Attorney at Littler Mendelson, P.C.

41 South High Street, Ste 3250

Columbus, OH 43215

Sarah K. Squillante

Attorney at Littler Mendelson, P.C.

41 South High Street, Ste 3250

Columbus, OH 43215

Defendant Attorneys

Casey L. Hinkle

Attorney at Kaplan Johnson Abate & Bird LLP

710 W. Main St., Ste 4Th Floor

Louisville, KY 40202

Peter J. O'Shea

Attorney at Katz, Teller, Brant & Hild

255 East Fifth Street, Suite 2400

Cincinnati, OH 45202

Michael Charles Merrick

Attorney at Kaplan Johnson Abate & Bird LLP

710 West Main Street, 4Th Floor

Louisville, KY 40202

 

Court Documents

#11

(#11) STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 6/4/21. (ba) (Entered: 06/04/2021)

#10

(#10) AGREED TEMPORARY RESTRAINING ORDER. Signed by Judge Michael R. Barrett on 5/26/21. (ba) (Entered: 05/26/2021)

#8

(#8) ANSWER to #1 Complaint,, with Jury Demand filed by Taylor Walker. (O'Shea, Peter) (Entered: 05/26/2021)

#6

(#6) STIPULATION Extending the Time to Respond to Complaint by Defendant Taylor Walker. (O'Shea, Peter) (Entered: 05/17/2021)

#5

(#5) NOTICE of Appearance by Peter J. O'Shea for Defendant Taylor Walker (O'Shea, Peter) (Entered: 05/17/2021)

#4

(#4) Corporate Disclosure Statement by Plaintiff Foundation Risk Partners, Corp.. (Griffith, Kevin) (Entered: 04/26/2021)

#3

(#3) MOTION for Discovery (EXPEDITED) by Plaintiff Foundation Risk Partners, Corp.. (Griffith, Kevin) (Entered: 04/26/2021)

#2

(#2) MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 5/17/2021) by Plaintiff Foundation Risk Partners, Corp.. (Griffith, Kevin) (Entered: 04/26/2021)

 

Docket Entries

  • 06/04/2021
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  • Docket(#11) STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 6/4/21. (ba) (Entered: 06/04/2021)

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  • 05/27/2021
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  • DocketNOTATION ORDER granting #9 Motion for Leave to Appear Pro Hac Vice of Casey Leigh Hinkle and Michael Charles Merrick as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 5/27/2021. (eh) (Entered: 05/27/2021)

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  • 05/27/2021
  • DocketNOTICE of Deadline: Rule 26(f) Report due by 6/17/2021. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba) (Entered: 05/27/2021)

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  • 05/26/2021
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  • Docket(#10) AGREED TEMPORARY RESTRAINING ORDER. Signed by Judge Michael R. Barrett on 5/26/21. (ba) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#9) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number AOHSDC-8331136) of Casey Leigh Hinkle and Michael Charles Merrick by Defendant Taylor Walker. (Attachments: #1 Hinkle Certificate, #2 Merrick Certificate) (O'Shea, Peter) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#8) ANSWER to #1 Complaint,, with Jury Demand filed by Taylor Walker. (O'Shea, Peter) (Entered: 05/26/2021)

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  • 05/18/2021
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  • DocketSet Deadlines re doc. #6 : Taylor Walker answer due 5/26/2021. (eh) (Entered: 05/18/2021)

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  • 05/18/2021
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  • DocketNOTATION ORDER granting Defendant Taylor Walker's #7 Unopposed Motion for Extension of Time to Respond to #2 Plaintiff Foundation Risk Partners, Corp.'s Motion for Temporary Restraining Order and Preliminary Injunctive Relief and #3 Plaintiff Foundation Risk Partners, Corp.'s Motion for Expedited Discovery. Defendant shall file his memoranda in response on or before 05/26/2021. Signed by Judge Michael R. Barrett on 05/18/2021. (ba) (Entered: 05/18/2021)

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  • 05/17/2021
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  • Docket(#7) Unopposed MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Discovery (EXPEDITED), #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction New date requested 5/26/2021. by Defendant Taylor Walker. (Attachments: #1 Order Granting Unopposed Motion for Extension to Respond) (O'Shea, Peter) (Entered: 05/17/2021)

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  • 05/17/2021
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  • Docket(#6) STIPULATION Extending the Time to Respond to Complaint by Defendant Taylor Walker. (O'Shea, Peter) (Entered: 05/17/2021)

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  • 05/17/2021
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  • Docket(#5) NOTICE of Appearance by Peter J. O'Shea for Defendant Taylor Walker (O'Shea, Peter) (Entered: 05/17/2021)

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  • 04/27/2021
  • DocketIf this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) (Entered: 04/27/2021)

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  • 04/26/2021
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  • Docket(#4) Corporate Disclosure Statement by Plaintiff Foundation Risk Partners, Corp.. (Griffith, Kevin) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#3) MOTION for Discovery (EXPEDITED) by Plaintiff Foundation Risk Partners, Corp.. (Griffith, Kevin) (Entered: 04/26/2021)

    Read MoreRead Less
  • 04/26/2021
  • View Court Documents
  • Docket(#2) MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 5/17/2021) by Plaintiff Foundation Risk Partners, Corp.. (Griffith, Kevin) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#1) COMPLAINT (VERIFIED) against Taylor Walker ( Filing fee $ 402 paid - receipt number: AOHSDC-8283313), filed by Foundation Risk Partners, Corp.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - 2020 ICP Agreement, #3 Exhibit B - Epic Agreement, #4 Exhibit C - 021621 Email from Jane Doe No. 1 to FRP, #5 Exhibit D - 021621 Email from Jane Doe No. 2 to Walker, #6 Exhibit E - 030421 Letter to Walker, #7 Exhibit F - 042021 Email from John Doe No. 3 to Walker) (Griffith, Kevin) (Entered: 04/26/2021)

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