This case was last updated from U.S. District Courts on 11/20/2021 at 06:30:56 (UTC).

Kohler Company v. TrueNorth Collective LLC et al

Case Summary

On November 12, 2021, Kohler Company (“Kohler” or (“Plaintiff”) represented by Susan K. Fitzke of Littler Mendelson PC, filed a civil action against TrueNorth Collective, LLC (“TrueNorth”), Jeff Zeman (“Zeman”), Jana Fogarty (“Fogarty”), Theresa Millard (“Millard”), Olivia Fritz (“Fritz”), Christopher Carter (“Carter”), and Cher Xue (“Xue”) (collectively, “Defendants”), seeking damages and injunctive relief among other relief for  alleged breach of contract, alleged violation of Wisconsin Uniform Trade Secrets Act WIS. STAT. § 134.90, et seq., and for alleged tortious interference with contractual relations. This case was filed in the U.S. District Court in the Western District of Wisconsin.

 

In the complaint Plaintiff alleged that, “Like Zeman, as part of her employment with Kohler, Fogarty” and all other Defendants “had access to and became intimately familiar with Kohler’s highly confidential proprietary information and trade secrets, which includes, but is not limited to, sensitive information regarding Kohler’s business and strategy, research and development (including highly confidential and other proprietary product formulations), products, technical product information, quality control methods, pricing and margins, and customers and dealers, among other things.”

 

Plaintiff further alleged that, “Upon information and belief, after Zeman’s termination by Kohler, he formed TrueNorth in or about January of 2021. Since that time, Zeman has, upon information and belief, aggressively solicited numerous Kohler employees to resign their employment with Kohler and begin their employment with TrueNorth, all in violation of the promises he made in the Separation Agreement not to do so.“

 

Plaintiff also alleged that, “After Kohler completed its review of Fogarty’s, Millard’s, Fritz’s, Carter’s, and Xue’s digital activities in the days and weeks leading to their termination, it learned that each had also completely disregarded their legal obligations to Kohler and had engaged in an intentional and orchestrated scheme to steal Kohler’s invaluable trade secrets and other confidential and proprietary information.”

 

Plaintiff went on to allege that “Zeman’s, Fogarty’s, Millard’s, Fritz’s, Carter’s and Xue’s actions are with the knowledge, encouragement, approval, and assistance of TrueNorth. TrueNorth has not provided any legitimate justification for its intentional and tortious interference with Zeman’s, Fogarty’s, Millard’s, Fritz’s, Carter’s, and Xue’s respective contractual obligations owed to Kohler. TrueNorth’s interference with Zeman’s, Fogarty’s, Millard’s, Fritz’s, Carter’s, and Xue’s respective contractual obligations to Kohler have directly resulted in and is the cause of significant damage and other harm to Kohler.” 

 

There are nine claims for relief laid down by Plaintiff. The first six claims have been filed against Zeman, Fogarty, Millard, Fritz, Carter, and Xue respectively for the alleged breach of contract. The sixth claim has been laid down against all Defendants for alleged violation of Federal Defend Trade Secrets Act 18 U.S.C. §§ 1836, et seq.. The seventh claim laid down against all Defendants is for alleged violation of Wisconsin Uniform Trade Secrets Act WIS. STAT. § 134.90, et seq. and the last claim has been laid down against TrueNorth for alleged tortious interference with contractual relations.

 

In the prayer for relief Plaintiff has requested the court to pass an order for an injunctive relief, compensatory damages, attorney fees, and other costs, along with an order requiring Defendants to return all trade secrets, confidential or proprietary information of any nature owned by Kohler including, but not limited to, Kohler’s business, products, customers, or any other confidential business information.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01307

  • Filing Date:

    11/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Not Yet Classified

 

Party Details

Plaintiff

Kohler Company

Defendants

TrueNorth Collective, LLC

Jeff Zeman

Jana Fogarty

Theresa Millard

Olivia Fritz

Christopher Carter

Cher Xue

Attorney/Law Firm Details

Plaintiff Attorney

Susan K Fitzke

Attorney at Littler Mendelson PC

80 S 8Th St - Ste 1300

Minneapolis, MN 55402-2136

 

Court Documents

#1

(#1) COMPLAINT with Jury Demand; against All Defendants by Kohler Company. ( Filing Fee PAID $402 receipt number AWIEDC-3972110) (Attachments: #1 Exh A - Zeman Employment Agmt, #2 Exh B -Fogarty Employment Agmt, #3 Exh C - Millard Employment Agmt, #4 Exh D - Millard IC Agmt, #5 Exh E - Fritz Employment Agmt, #6 Exh F - Carter Employment Agmt, #7 Ex G - Xue Employment Agmt, #8 Ex H - Zeman Separation Agmt, #9 Civil Cover Sheet)(Fitzke, Susan)

1 #1

Exh A - Zeman Employment Agmt

1 #2

Exh B -Fogarty Employment Agmt

1 #3

Exh C - Millard Employment Agmt

1 #4

Exh D - Millard IC Agmt

1 #5

Exh E - Fritz Employment Agmt

1 #6

Exh F - Carter Employment Agmt

1 #7

Ex G - Xue Employment Agmt

1 #8

Ex H - Zeman Separation Agmt

1 #9

Civil Cover Sheet

 

Docket Entries

  • 11/12/2021
  • View Court Documents
  • Docket(#1) COMPLAINT with Jury Demand; against All Defendants by Kohler Company. ( Filing Fee PAID $402 receipt number AWIEDC-3972110) (Attachments: #1 Exh A - Zeman Employment Agmt, #2 Exh B -Fogarty Employment Agmt, #3 Exh C - Millard Employment Agmt, #4 Exh D - Millard IC Agmt, #5 Exh E - Fritz Employment Agmt, #6 Exh F - Carter Employment Agmt, #7 Ex G - Xue Employment Agmt, #8 Ex H - Zeman Separation Agmt, #9 Civil Cover Sheet)(Fitzke, Susan)

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