This case was last updated from U.S. District Courts on 05/01/2022 at 08:08:48 (UTC).

The Hilb Group of New Jersey, LLC v. Vaccaro

Case Summary

On March 2, 2022, The Hilb Group of New Jersey, LLC (“THG-NJ” or “Plaintiff”), represented by Igor M. Babichenko and Rodney A. Satterwhite of McGuireWoods LLP, filed a contract lawsuit against Eve Vaccaro (“Vaccaro” or “Defendant”), seeking injunctive relief and damages for the Defendant’s alleged breach of contract. This case was filed in U.S. District Court in the Eastern District of Virginia with Judge David J. Novak presiding. 

 

In their complaint, the Plaintiff alleged that, “This is an action to stop unfair competition by a skilled and experienced transportation insurance account executive. As a condition of her continued employment with THG-NJ, Vaccaro executed a Confidentiality and Non-Solicitation Agreement, which prohibited her from soliciting and servicing her former THG-NJ customers for two years after the end of her employment. Vaccaro voluntarily “retired” from THG-NJ in December 2020, receiving a separation payment of more than $60,000.00. Instead of retiring as promised, however, Vaccaro returned to the insurance brokerage industry and began soliciting her former THG-NJ customers all while falsely assuring THG-NJ of her compliance with her restrictive covenant obligations.”

 

The Plaintiff further alleged that, “When an experienced account executive like Vaccaro successfully takes a customer with her, the resulting losses are difficult to measure. This is due in part to the loss of that customer’s future referrals and because the specific value of any given customer in the employee group benefits field is subject to a multitude of variable factors, including employee and vehicle counts and commission rates. Vaccaro’s actions already have caused THG-NJ significant damages and continue to threaten THG-NJ’s legitimate business interests. THG-NJ thus has no choice but to seek redress from this Court to enjoin Vaccaro from continuing to flout her contractual obligations require Vaccaro to comply with her contractual obligations in accordance with their terms and award damages for the injuries she already has caused.”

 

There are two claims for relief laid down by the Plaintiff. The first claim alleged deals with the breach of the Restrictive Covenant Agreement because Vaccaro’s conduct as described above, including, but not necessarily limited to, soliciting “Customers” as that term is defined in the Restrictive Covenant Agreement and providing “Competitive Products or Services” to those Customers, constitutes a breach of her obligations under the Restrictive Covenant Agreement. The Plaintiff alleged that as a consequence of Vaccaro’s conduct, THG-NJ has suffered and/or will continue to suffer irreparable harm or loss, and has suffered and will continue to suffer financial and economic loss. The second claim alleged deals with fraudulent inducement, wherein the Plaintiff alleged that THG-NJ relied and acted upon this representation in deciding to refrain from taking further action against Vaccaro at that time. The Plaintiff also alleged that contrary to her representation, Vaccaro has breached her obligations under the Restrictive Covenant Agreement and Vaccaro has engaged in unfair competition with THG-NJ by soliciting her former THG-NJ Customers and by providing Competitive Products or Services to them. 

 

In their prayer for relief, the Plaintiff requested the Court for injunctive relief against Vaccaro, requiring her to comply with her obligations under the Restrictive Covenant Agreement; for an order for specific performance requiring Vaccaro to comply with her obligations under the Restrictive Covenant Agreement, with actual damages against Vaccaro in excess of $75,000.00 Dollars; and for any other relief the Court deems appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-00124

  • Filing Date:

    03/02/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

David J. Novak

 

Party Details

Plaintiff

The Hilb Group of New Jersey, LLC

Defendant

Eve Vaccaro

Stamford, CT 06906

Attorney/Law Firm Details

Plaintiff Attorneys

Igor Mikhaylovich Babichenko

Attorney at McGuireWoods LLP (Richmond)

800 East Canal Street

Richmond, VA 23219

Rodney A. Satterwhite

Attorney at McGuireWoods LLP

800 East Canal Street

Richmond, VA 23219

 

Court Documents

#1

(#1) Complaint ( Filing fee $ 402, receipt number AVAEDC-8272104.), filed by The Hilb Group of New Jersey, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Satterwhite, Rodney) (Entered: 03/02/2022)

1 #1

Exhibit 1

1 #2

Exhibit 2

1 #3

Exhibit 3

1 #4

Exhibit 4

1 #5

Exhibit 5

1 #6

Civil Cover Sheet

#2

(#2) Financial Interest Disclosure Statement (Local Rule 7.1) by The Hilb Group of New Jersey, LLC. (Satterwhite, Rodney) (Entered: 03/02/2022)

#3

(#3) Proposed Summons by The Hilb Group of New Jersey, LLC. (Satterwhite, Rodney) (Entered: 03/02/2022)

#4

(#4) Summons Issued as to Eve Vaccaro. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (adun, ) (Entered: 03/03/2022)

#5

(#5) SUMMONS Returned Executed by The Hilb Group of New Jersey, LLC Eve Vaccaro served on 3/3/2022, answer due 3/24/2022 (Satterwhite, Rodney) (Entered: 03/09/2022)

#6

(#6) ANSWER to Complaint by Eve Vaccaro.(adun, ) (Entered: 03/21/2022)

#7

(#7) ORDER SETTING PRETRIAL CONFERENCE - Initial Pretrial Conference set for 6/1/2022 at 02:00 PM in Richmond Telephonically before District Judge David J. Novak. Signed by Patrick F. Dillard with permission of District Judge David J. Novak on 4/11/2022. (cgar) (Entered: 04/11/2022)

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Docket Entries

  • 04/11/2022
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  • Docket(#7) ORDER SETTING PRETRIAL CONFERENCE - Initial Pretrial Conference set for 6/1/2022 at 02:00 PM in Richmond Telephonically before District Judge David J. Novak. Signed by Patrick F. Dillard with permission of District Judge David J. Novak on 4/11/2022. (cgar) (Entered: 04/11/2022)

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  • 03/21/2022
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  • Docket(#6) ANSWER to Complaint by Eve Vaccaro.(adun, ) (Entered: 03/21/2022)

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  • 03/09/2022
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  • Docket(#5) SUMMONS Returned Executed by The Hilb Group of New Jersey, LLC Eve Vaccaro served on 3/3/2022, answer due 3/24/2022 (Satterwhite, Rodney) (Entered: 03/09/2022)

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  • 03/03/2022
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  • Docket(#4) Summons Issued as to Eve Vaccaro. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (adun, ) (Entered: 03/03/2022)

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  • 03/03/2022
  • DocketInitial Case Assignment to District Judge David J. Novak. (adun, ) (Entered: 03/03/2022)

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  • 03/02/2022
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  • Docket(#3) Proposed Summons by The Hilb Group of New Jersey, LLC. (Satterwhite, Rodney) (Entered: 03/02/2022)

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  • 03/02/2022
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  • Docket(#2) Financial Interest Disclosure Statement (Local Rule 7.1) by The Hilb Group of New Jersey, LLC. (Satterwhite, Rodney) (Entered: 03/02/2022)

    Read MoreRead Less
  • 03/02/2022
  • View Court Documents
  • Docket(#1) Complaint ( Filing fee $ 402, receipt number AVAEDC-8272104.), filed by The Hilb Group of New Jersey, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Satterwhite, Rodney) (Entered: 03/02/2022)

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