This case was last updated from U.S. District Courts on 01/07/2022 at 07:30:06 (UTC).

NuWest Group Holdings, LLC v. Maxim Healthcare Staffing Services, Inc.

Case Summary

On November 8, 2021, NuWest Group Holdings, LLC (“Plaintiff” or “NuWest”), represented by Jason R. Elliott of Perkins Coie LLP, filed a contract lawsuit against Maxim Healthcare Staffing Services, Inc. (“Defendant” or “Maxim”), seeking declaratory relief plus costs and attorneys’ fees for the Defendant’s alleged speculative and litigious conduct to cause disruption to NuWest’s business activities, namely its pursuit of a specific government contract that Maxim is also pursuing. This case was filed in the U.S. District Court in the Western District of Texas. 

 

In the complaint, the Plaintiff alleged that “NuWest and Maxim are competitors each are participating in an ongoing federal solicitation for proposals regarding medical staffing services to be provided to the U.S. Immigration and Customs Enforcement agency (“ICE”). Specifically, to provide on-site medical staffing services for health care services to be provided to ICE residents and detainees at clinical sites established by ICE.”

 

The Plaintiff further alleged that “In September 2021, NuWest briefly hired Maxim’s former employee, Thomas Mata (“Mata”). Since October 2021, Maxim has alleged, without evidence, that NuWest has misappropriated its trade secrets by way of Mata’s conduct and that NuWest has tortuously interfered with Maxim’s alleged employment agreement with Mata. Maxim recently used these false and speculative allegations to obtain a Temporary Restraining Order (“TRO”) from a Texas state court in Kendall County, Texas, against NuWest and Mata.”

 

The Plaintiff also alleged that “However, after obtaining the TRO, Maxim abruptly nonsuited its own lawsuit—just days before a hearing was to be held on Maxim’s own request for a temporary injunction (“TI”). Maxim stated that it intended to refile its claims in federal court.”

 

The only claim for relief laid down by the Plaintiff is for declaratory judgment. The Plaintiff alleged that it has not violated the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. and Rem. Code § 134A.002, in its conduct towards Maxim, with respect to Maxim’s allegations concerning violation of TUTSA, and NuWest has not violated any other statute, state or federal, protecting against misappropriation of trade secrets. Plaintiff has not tortiously interfered with an enforceable contract between Maxim and Mata, or between Maxim and any other party. Declaratory relief is necessary and appropriate in this case because Maxim’s allegations place a cloud of uncertainty over Plaintiff’s business activities related to its ongoing personnel practices and with respect to the legitimacy of its participation in the ongoing IHSC award process.

 

In the prayer for relief, the Plaintiff requested the Court for a declaratory judgment that NuWest is not liable for any violation of the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. and Rem. Code § 134A.002, in its conduct towards Defendant Maxim Healthcare Staffing Systems, Inc., and that NuWest is not liable for tortious interference with a contract between Maxim any other person, including Thomas Mata. The Plaintiff further requested the Court to order an award of reasonable attorneys’ fees and costs as may be permitted by law, and for such other and further relief that the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-01097

  • Filing Date:

    11/08/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Orlando L. Garcia

 

Party Details

Plaintiff

NuWest Group Holdings, LLC

Defendant

Maxim Healthcare Staffing Services, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Jason R. Elliott

Attorney at Perkins Coie LLP

500 North Akardsuite 3300

Dallas, TX 75201

M. Alexander Pratt

Attorney at Perkins Coie LLP

500 North Akard Streetsuite 3300

Dallas, TX 75201

 

Court Documents

#1

(#1) COMPLAINT FOR DECLARATORY JUDGMENT ( Filing fee $ 402 receipt number 0542-15419939), filed by NuWest Group Holdings, LLC. (Attachments: #1 Civil Cover Sheet)(Elliott, Jason) (Entered: 11/08/2021)

1 #1

Civil Cover Sheet

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by NuWest Group Holdings, LLC. (Elliott, Jason) (Entered: 11/08/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by NuWest Group Holdings, LLC. (Elliott, Jason) (Entered: 11/08/2021)

#4

(#4) Summons Issued as to Maxim Healthcare Staffing Services, Inc.. (cd) (Entered: 11/09/2021)

#5

(#5) NOTICE of Voluntary Dismissal by NuWest Group Holdings, LLC (Elliott, Jason) (Entered: 11/10/2021)

 

Docket Entries

  • 11/10/2021
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  • Docket(#5) NOTICE of Voluntary Dismissal by NuWest Group Holdings, LLC (Elliott, Jason) (Entered: 11/10/2021)

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  • 11/09/2021
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  • Docket(#4) Summons Issued as to Maxim Healthcare Staffing Services, Inc.. (cd) (Entered: 11/09/2021)

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  • 11/08/2021
  • DocketIf ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (cd) (Entered: 11/09/2021)

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  • 11/08/2021
  • DocketCase assigned to Chief Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cd) (Entered: 11/09/2021)

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  • 11/08/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by NuWest Group Holdings, LLC. (Elliott, Jason) (Entered: 11/08/2021)

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  • 11/08/2021
  • View Court Documents
  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by NuWest Group Holdings, LLC. (Elliott, Jason) (Entered: 11/08/2021)

    Read MoreRead Less
  • 11/08/2021
  • View Court Documents
  • Docket(#1) COMPLAINT FOR DECLARATORY JUDGMENT ( Filing fee $ 402 receipt number 0542-15419939), filed by NuWest Group Holdings, LLC. (Attachments: #1 Civil Cover Sheet)(Elliott, Jason) (Entered: 11/08/2021)

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