On May 4, 2021, Trideum Corporation (“Trideum” or “Plaintiff”), represented by Christopher L. Lockwood and Richard J.R. Raleigh of Wilmer & Lee, P.A., Robert Catron Stevens of Seyfarth Shaw, LLP-Atl, filed a contract lawsuit against SAWTST, LLC (“Defendant”), seeking injunctive relief with punitive and compensatory damages for alleged breach of contract and tortious interference. This case was filed in U.S. District Court in the Northern District of Georgia with Judge Timothy C. Batten, Sr presiding.
In its complaint the Plaintiff alleged that “SAWTST, LLC (“SAWTST”), a prime contractor for the United States Army Test and Evaluation Command (the “Army”). Since April 1, 2016, SAWTST has held an 8(a)-set-aside contract to provide the Army with Test and Evaluation Technical Support Services (“TETSS”). Since February 1, 2020, Trideum has served as a subcontractor under SAWTST’s prime contract with the Army. Trideum employees currently perform roles that are critical to the success of the prime contract. SAWTST’s prime contract was nearing the end of its term. Because SAWTST had graduated from the 8(a)-business development program, SAWTST will not be eligible to continue serving as the prime contractor after its current contract expires.”
The Plaintiff further alleged that “When competing for the follow-on contract, a prospective contractor who can offer the Army an experienced incumbent workforce (either on its own or with teaming partners) will have a significant competitive advantage over others. But therein lies the problem for SAWTST, because a dozen of the most important incumbent employees were employed by its subcontractor, Trideum. As a result, Trideum was a strategically valuable teaming partner for prospective 8(a) contractors who might seek to compete for the follow-on contract. This also makes Trideum a potential competitor to SAWTST in the next re-compete. For that Defendant removes Trideum and poached its employees before end of the current contract. On April 22, 2021, SAWTST notified Trideum that it was terminating their Subcontract Agreement for convenience because “SAWTST was determined that it is not in its best interest to continue the current teaming arrangement”.”
The Plaintiff also alleged that, “Immediately thereafter, SAWTST’s hostile and calculated actions not only breached the Subcontract Agreement but deliberated effort to eliminate Trideum as a viable future competitor while strengthening SAWTST’s competitive position to obtain work as a potential subcontractor under the next prime contract.”
There are five claims for relief laid down by the Plaintiff. The first two claims are for breach of contract regarding termination and non-hiring, respectively. The third claim deals with tortious interference with contract or business relationship because SAWTST, by virtue of its position as the prime contractor, knows of the contract or business relationship between Trideum and its employees, and SAWTST knows of the specific Trideum employees who are performing work under the Subcontract Agreement. The fourth and fifth claims are for declaratory and injunctive relief, respectively.
In its prayer for relief the Plaintiff has requested the court for injunctive and declaratory relief, compensatory damages, including lost profits, punitive damages for interference with pre- and post-judgment interest and such other relief as the Court deems just and proper.
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3:21-CV-00068
05/04/2021
Disposed - Other Disposed
Contract - Other Contract
Timothy C. Batten, Sr
Trideum Corporation
SAWTST, LLC
Christopher L. Lockwood
Robert Catron Stevens
Richard J.R. Raleigh
Jerome Sylvester Gabig
Joyce F. Mocek
Exhibit 1
Exhibit 3
Exhibit 2
Text of Proposed Order Proposed Order
Civil Cover Sheet
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
DocketCivil Case Terminated. (dmb) (Entered: 05/11/2021)
[-] Read LessDocket(#14) Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Motion Hearing held on 5/11/2021 denying as moot #6 Motion for TRO and #9 Motion to Expedite; granting #10 Motion to Compel. The Clerk is directed to administratively close this case. (Court Reporter Lori Burgess)(dmb) (Entered: 05/11/2021)
[-] Read LessDocket(#13) NOTICE Of Filing corrected copy of Exhibit 1 to #1 Complaint by Trideum Corporation re #1 Complaint, (Attachments: #1 Exhibit 1)(Stevens, Robert) Modified docket text and linked to Complaint on 5/11/2021 (dmb). (Entered: 05/10/2021)
[-] Read LessDocketMINUTE ORDER granting #3 ; #4 ; and #5 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw) Modified docket text on 5/11/2021 (dmb). (Entered: 05/10/2021)
[-] Read LessDocket(#12) Return of Service Executed by Trideum Corporation. SAWTST, LLC served on 5/6/2021, answer due 5/27/2021. (Stevens, Robert) (Entered: 05/10/2021)
[-] Read LessDocket(#11) RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED filed by SAWTST, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3)(Mocek, Joyce) (Entered: 05/10/2021)
[-] Read LessDocketAPPROVAL by Clerks Office re: #4 APPLICATION for Admission of Jerome Sylvester Gabig Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10952669). Attorney Jerome Sylvester Gabig added appearing on behalf of Trideum Corporation (cdg) (Entered: 05/10/2021)
[-] Read LessDocketAPPROVAL by Clerks Office re: #3 APPLICATION for Admission of Richard Joe Rupert Raleigh Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10952650). Attorney Richard J.R. Raleigh added appearing on behalf of Trideum Corporation (cdg) (Entered: 05/10/2021)
[-] Read LessDocketAPPROVAL by Clerks Office re: #5 APPLICATION for Admission of Christopher Lea Lockwood Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10952695). Attorney Christopher L. Lockwood added appearing on behalf of Trideum Corporation (cdg) (Entered: 05/10/2021)
[-] Read LessDocket(#10) MOTION to Compel Arbitration by SAWTST, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Mocek, Joyce) (Entered: 05/10/2021)
[-] Read LessDocket(#9) MOTION to Expedite Discovery with Brief In Support by Trideum Corporation. (Attachments: #1 Brief in Support of Motion for Expedited Discovery, #2 Exhibit Plaintiff's Expedited Discovery Requests to Defendant, #3 Text of Proposed Order)(Stevens, Robert) (Entered: 05/07/2021)
[-] Read LessDocket(#8) ORDER Setting Hearing on Motion #6 MOTION for Temporary Restraining Order and Preliminary Injunction. Motion Hearing set for 5/17/2021 at 10:00 AM in NEWN 3rd Floor Courtroom before Judge Timothy C. Batten Sr. Defendants are directed to respond by 12:00 p.m. on 5/10/2021. Trideum's reply shall be due by 12:00 p.m. on 5/12/2021. Plaintiff is ordered to serve a copy of this Order on Defendants. Signed by Judge Timothy C. Batten, Sr. on 5/5/2021. (dmb) (Entered: 05/05/2021)
[-] Read LessDocket(#7) Corporate Disclosure Statement by Trideum Corporation.(Stevens, Robert) (Entered: 05/05/2021)
[-] Read LessDocketSubmission of #6 MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED, to District Judge Timothy C. Batten Sr.. (dmb) (Entered: 05/05/2021)
[-] Read LessDocket(#6) MOTION for Temporary Restraining Order and Preliminary Injunction IMMEDIATE HEARING REQUESTED with Brief In Support by Trideum Corporation. (Attachments: #1 Brief)(Stevens, Robert) (Entered: 05/05/2021)
[-] Read LessDocket(#5) APPLICATION for Admission of Christopher Lea Lockwood Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10952695).by Trideum Corporation. (Attachments: #1 Exhibit Court Admissions, #2 Exhibit Certificate in Good Standing)(Stevens, Robert) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/05/2021)
[-] Read LessDocket(#4) APPLICATION for Admission of Jerome Sylvester Gabig Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10952669).by Trideum Corporation. (Attachments: #1 Exhibit Certificate in Good Standing)(Stevens, Robert) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/05/2021)
[-] Read LessDocket(#3) APPLICATION for Admission of Richard Joe Rupert Raleigh Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10952650).by Trideum Corporation. (Attachments: #1 Exhibit Certificate in Good Standing)(Stevens, Robert) Documents for this entry are not available for viewing outside the courthouse. (Entered: 05/05/2021)
[-] Read LessDocket(#2) Electronic Summons Issued as to SAWTST, LLC. (dmb) (Entered: 05/05/2021)
[-] Read LessDocket(#1) COMPLAINT (Filing fee $402, receipt number AGANDC-10951183) filed by Trideum Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(dmb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 05/05/2021)
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