Stacy Successfully Defends Maricopa County Community College District in Termination Appeal

Stacy successfully defended MCCCD’s decision to terminate a long-term employee for chronic and excessive absenteeism.  The employee argued the termination was due to her disability and not supported by just cause.  On September 3, 2020, the Hearing Officer issued a Report and Recommendation affirming the District’s termination decision.  That Recommendation was accepted by the Governing Board.

Stacy Successfully Defends Yuma County Against a Public Employee Whistleblowing Complaint

Stacy successfully defended the Yuma Count Public Defender in a public employee whistleblowing complaint filed by a former Yuma County Deputy Public Defender with the AZ State Personnel Board. After a 2-day evidentiary hearing, the Board dismissed the complaint and denied all requested relief on January 16, 2019.

Yuma Personnel Board Order

Stacy Holds Ex-Sales Manager Accountable for Violating Employee Non Solicitation Restriction

(Primus Pharmaceuticals, Inc. v. Raymond Dugan Prater, CV2012-001143, Maricopa County Superior Court)

Stacy brought a lawsuit on behalf of Primus Pharmaceuticals, Inc. against a former Primus sales manager who improperly solicited several Primus sales representatives to work for him at his new employer in violation of an employee non-solicitation provision contained in the sales manager's restrictive covenant agreement.  After defeating a motion to dismiss, the case settled in exchange for a payment to Primus of $200,000 and an extension of the employee non-solicitation provision, among other concessions.   A copy of the First Amended Complaint filed in the case and the order of dismissal setting forth the material settlement terms is attached.

Primus – First Amended Complaint FILED

Prater – Order of Dismissal

G&A Convinces Court to Deny Application for Preliminary Injunction in Customer Non Solicitation Case

(Pacific Office Automation Inc. v. Duran, et. al., C20122452, Pima County Superior Court)

Stacy and Andrew successfully defended Action Imaging, Inc. and its new sales employee, Trent Duran, against an application for preliminary injunction filed by Duran's former employer, POA.  POA argued that Duran and Action Imaging should be prohibited from having contact with its former and current customers.  The Court disagreed, finding POA had not demonstrated it has a probability of success on the merits.  The Court also dismissed Action Imaging as a party.

[View PI Ruling 070912]

Summary Judgment Awarded in Breach of Employment Contract Action

(Tilton v. GDG Partners, LLC, CV 2010-025376, Maricopa County Superior Court)

Stacy and Andrew represented Daniel Tilton, a former execuitve of GDG Partners, in a breach of employment contract action arising from GDG's failure to pay Tilton earned bonus compensation.  On September 19, 2011, the court granted summary judgment in favor of Tilton on his breach of contract claim, and awarded him attorney fees.