Adam Parker v. 5N (2013)

MEMORANDUM OF DECISION

The defendants, by a motion to dismiss dated May 29, 2013, seek to have this court dismiss the plaintiff's Second Amended Complaint for Declaratory Judgment dated May 7, 2013.

The request for a declaratory judgment involves the scope of a confidentiality and noncompetition agreement dated 10/26/09 with Defendants' predecessor MCP Metal Specialties, Inc., plaintiff's employer, prior to defendants becoming the successor employer of plaintiff.

The defendants' motion raises the question as to whether this court has subject matter jurisdiction over a justiciable question.

“Justicability comprises several related doctrines—namely, standing, ripeness, mootness and the political question doctrine—that implicate the court's subject matter jurisdiction.”   Senecca Niagra Falls Gaming Corporation v. Klewin Building Company, Inc. et al., No. X03 CV05–4022266S.

The parties have litigated this issue in the past.   See Five N Plus Fairfield, Inc. v. Parker, FBT–CV12–6026646 S, wherein the now defendants accepted an offer of compromise in the amount of $1,000.00, but the validity of the non-competition agreement was not determined.

The root of the present litigation is a letter dated October 10, 2012, indicating that the plaintiff must terminate his then present employment or a lawsuit would be commenced against the plaintiff for a claimed breach of the subject non-competition agreement.

The issues, by the demonstrated actions of the parties are not moot.   The parties have standing to bring this case to court, the issues pending are ripe for resolution.

For the forgoing reasons, the defendants' motion to dismiss is denied.

STODOLINK, J.T.R.

Stodolink, Edward F., J.T.R.