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Salem Information Systems, LTD D/B/A Techevolution vs. Higley, Mark et al
On August 31, 2023 proprietary information or trade secrets case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Essex County, MA. Judge Kristen Buxton presiding.
Case Details
Case Number
Filing Date
August 31, 2023
Last Refreshed
January 23, 2024
Filing Location
Essex County, MA
Category
Contract / Business Cases
Practice Area
Commercial
Matter Type
Breach of Contract
Overview
Plaintiff, Salem Information Systems, LTD doing business as “Techevolution”, brings this action
seeking injunctive relief and damages against its former employee, Mark Higley (“Higley”), to enforce
continuing contractual and other legal obligations Higley owes to Plaintiff. As detailed herein, Higley has
breached and threatens to commit further breaches of his employment agreement. Higley has also
breached his confidentiality agreement, breached the implied covenant of good faith and fair dealing, and
misappropriated Techevolution’s trade secrets and customers, among other' wrongdoing, acting in concert
with American Lazer Services, Incorporated, as its current Director of Information Technology.
Plaintiff also seeks injunctive relief and damages against American Lazer Services, Inc.
(“American Lazer”) and its subsidiary company, CommSat IT Services (““CommSat”), Higley’s new
employer that competes directly with Techevolution, for its interference with contractual and/or
advantageous relationships, violations of G. L. c, 93A, and related wrongdoing.
Causes of Action
COUNT I ‘Breach of Contract ; - Against Higley)
COUNT II
COUNT II Breach of Fiduciary Duty (Against Higley)
COUNT IV Breach of the Common Law Duty of Loyalty (Against Higley)
COUNT V Unjust Enrichment ’ (Against Higley)
COUNT VI Replevin G.L. ¢. 247, §7 (Against Higley)
COUNT VIL Violation of the Computer Fraud and Abuse Act 18 U.S.C. § 1030(a)(2)(C) (Against Higley)
COUNT VIII
COUNT IX
COUNT X Violation of G.L. c. 93A, § 11 (Against Higley and CommSat)
Case Complaint Summary
This complaint was filed by Salem Information Systems, LTD, doing business as "Techevolution," against its former employee, Mark Higley, and American Lazer Services, Inc. The plaintiff alleges that Higley breached his employment agreement, confid…...
Parties
Plaintiffs
Salem Information Systems, Ltd
Attorneys for Plaintiffs
Muggeo, Esq., Louis J
Defendants
American Lazer Services, Inc.
Higley, Mark
Tapper, Corey S.
Tapper, Jennifer
Attorneys for Defendants
Goodrich, Esq., Shane Robert
Khan, Esq., Shaun
Sachs, Esq., Keith Lawrence
Scott, Esq., Catherine Marie
Case Documents
Counterclaim filed.
Date: Nov 01, 2023
Defendant Mark Higleys Notice of Service of Partial Motion to Dismiss.
Date: Nov 01, 2023
Notice of 93A complaint sent to Attorney General
Date: Aug 31, 2023
Endorsement on Motion to appoint special process server (3.0): ALLOWED
Date: Aug 31, 2023
Case assigned to: DCM Track A - Average was added on 08/31/2023
Date: Aug 31, 2023
Civil action cover sheet filed.
Date: Aug 31, 2023
Complaint electronically filed.
Date: Aug 31, 2023
Exhibits/Appendix
Date: Aug 31, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| November 20, 2023 | Docket Event | Endorsement on Motion to Extend The Time To File A Responsive Pleading (#18.0): ALLOWED Upon review, motion is ALLOWED by agreement. (Dated 11/20/2023) | |
| November 13, 2023 | Docket Event | Plaintiff, Defendants Salem Information Systems, LTD D/B/A Techevolution, Mark Higley, American Lazer Services, Inc.'s Assented to Motion to Extend The Time To File A Responsive Pleading | |
| November 01, 2023 | Docket Event | Counterclaim filed. | |
| November 01, 2023 | Docket Event | Defendant American Lazer Services, Inc.'s Notice of Service of Motion to Dismiss Pursuant to Superior Court Rule 9E | |
| November 01, 2023 | Docket Event | Defendant Mark Higley's Notice of Service of Partial Motion to Dismiss. | |
| September 29, 2023 | Docket Event |
Endorsement on Motion of extend the time to file a responsive pleading. (assented-to) (#14.0): ALLOWED Judge: Buxton, Hon. Kristen
Judge: Buxton, Kristen |
|
| September 27, 2023 | Docket Event | Defendants Mark Higley, American Lazer Services, Inc.'s Assented to Motion to Extend The Time To File A Responsive Pleading | |
| September 22, 2023 | Docket Event | Endorsement on Notice of withdrawal (#13.0): Other action taken At hearing, at which defendants appeared, the motion for PI is withdrawn with the operative affect as if the motion was denied. Dated: 9/21/2023 | |
| September 21, 2023 | Docket Event | Plaintiff Salem Information Systems, LTD D/B/A Techevolution's Notice of Withdrawal of Motion for Preliminary Injunction | |
| September 21, 2023 | Docket Event |
Event Result:: Hearing on Preliminary Injunction scheduled on: 09/21/2023 02:00 PM Has been: Not Held For the following reason: Request of Plaintiff Comments: See P#13 Hon. Kristen Buxton, Presiding Staff: Jose Mejia, Assistant Clerk Magistrate
Judge: Buxton, Kristen |
|
| September 20, 2023 | Docket Event | Opposition to Plaintiff's Motion for Preliminary Injunction filed by American Lazer Services, Inc. | |
| September 20, 2023 | Docket Event | Attorney appearance electronically filed. Applies To: Goodrich, Esq., Shane Robert (Attorney) on behalf of American Lazer Services, Inc. (Defendant) | |
| September 20, 2023 | Docket Event | Affidavit of Mark Higley In Support of Defendants' Opposition to Plaintiff's Motion For Preliminary Injunction. | |
| September 20, 2023 | Docket Event | Defendant Mark Higley's Submission of Notice of Appearance. Applies To: Sachs, Esq., Keith Lawrence (Attorney) on behalf of Higley, Mark (Defendant); Khan, Esq., Shaun (Attorney) on behalf of Higley, Mark (Defendant) | |
| September 20, 2023 | Docket Event | Opposition to Plaintiff's Motion For A Preliminary Injunction filed by Mark Higley | |
| September 20, 2023 | Docket Event | Attorney appearance electronically filed. Applies To: Scott, Esq., Catherine Marie (Attorney) on behalf of American Lazer Services, Inc. (Defendant) | |
| September 14, 2023 | Docket Event | Service Returned for Defendant American Lazer Services, Inc.: Service made in hand; Summons and Order of Notice, on September 11, 2023, at 2:45 P.M. to Carleton Ekborg III, President and Registered Agent, service was effected at American Lazer services, Inc, 25 Cox Court, Beverly, MA 01915. | |
| September 14, 2023 | Docket Event | Service Returned for Defendant Higley, Mark: Service made at last and usual; Summons and Order of Notice on September 11, 2023 at 2:28 P.M. at 21 Calabrese Street, Salem, MA 01970 and by mailing 1st class postage prepaid on September 21, 2021 at 2:00 P.M. to the within named Mark Higley, at 21 Calabrese Street, Salem, MA 01970. | |
| September 08, 2023 | Docket Event | Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 09/21/2023 02:00 PM Hearing on Preliminary Injunction. Applies To: Salem Information Systems, LTD D/B/A Techevolution (Plaintiff); Higley, Mark (Defendant); American Lazer Services, Inc. (Defendant); Muggeo, Esq., Louis J (Attorney) on behalf of Salem Information Systems, LTD D/B/A Techevolution (Plaintiff); Muggeo, Esq., Jared J (Attorney) on behalf of Salem Information Systems, LTD D/B/A Techevolution (Plaintiff) | |
| September 01, 2023 | Docket Event | Endorsement on Motion for Short Order Of Notice (#5.0): Other action taken Short Order Notice To Issue Returnable on 9/21/23 @ 2:00pm in Salem Superior Court "A" Session (dated 9/1/2023) | |
| September 01, 2023 | Docket Event | Endorsement on Motion for Preliminary Injunction (#4.0): Other action taken See endorsement on Paper #5. (Dated 9/1/2023) | |
| August 31, 2023 | Docket Event | Salem Information Systems, Ltd., D/B/A Techevolution's MOTION for appointment of Special Process Server. | |
| August 31, 2023 | Docket Event | Plaintiff Salem Information Systems, LTD D/B/A Techevolution's Motion for Preliminary Injunction | |
| August 31, 2023 | Docket Event | Salem Information Systems, LTD D/B/A Techevolution's Memorandum of law in support plaintiff's motion for preliminary injunction | |
| August 31, 2023 | Docket Event | Notice of 93A complaint sent to Attorney General | |
| August 31, 2023 | Docket Event | Endorsement on Motion to appoint special process server (#3.0): ALLOWED | |
| August 31, 2023 | Docket Event | Plaintiff(s) Salem Information Systems, LTD D/B/A Techevolution motion filed for Short Order of Notice | |
| August 31, 2023 | Docket Event | Case assigned to: DCM Track A - Average was added on 08/31/2023 | |
| August 31, 2023 | Docket Event | Civil action cover sheet filed. | |
| August 31, 2023 | Docket Event | Complaint electronically filed. | |
| August 31, 2023 | Docket Event | Claim filed under 93A | |
| August 31, 2023 | Docket Event | Demand for jury trial entered. | |
| August 31, 2023 | Docket Event | Exhibits/Appendix |
