Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 1 of 12
`CIVIL COVER SHEET
`JS 44 (Rev. 04/21)
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`NOTE:
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`1 U.S. Government
`3 Federal Question
`Plaintiff
`(U.S. Government Not a Party)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`and One Box for Defendant)
`(For Diversity Cases Only)
`PTF
`DEF
`PTF
`DEF
`1
`1
`4
`
`Incorporated or Principal Place
`of Business In This State
`
`4
`
`Citizen of This State
`
`2 U.S. Government
`Defendant
`
`4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`Citizen or Subject of a
`Foreign Country
`
`FORFEITURE/PENALTY
`625 Drug Related Seizure
`of Property 21 USC 881
`690 Other
`
`LABOR
`710 Fair Labor Standards
`Act
`720 Labor/Management
`Relations
`740 Railway Labor Act
`751 Family and Medical
`Leave Act
`790 Other Labor Litigation
`791 Employee Retirement
`Income Security Act
`
`IMMIGRATION
`462 Naturalization Application
`465 Other Immigration
`Actions
`
`2
`
`3
`
`2
`
`3
`
`Incorporated and Principal Place
`of Business In Another State
`
`Foreign Nation
`
`5
`
`6
`
`5
`
`6
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`422 Appeal 28 USC 158
`375 False Claims Act
`423 Withdrawal
`376 Qui Tam (31 USC
`28 USC 157
`3729(a))
`400 State Reapportionment
`INTELLECTUAL
`PROPERTY RIGHTS
`410 Antitrust
`430 Banks and Banking
`820 Copyrights
`450 Commerce
`830 Patent
`460 Deportation
`835 Patent - Abbreviated
`470 Racketeer Influenced and
`New Drug Application
`Corrupt Organizations
`840 Trademark
`480 Consumer Credit
`880 Defend Trade Secrets
`(15 USC 1681 or 1692)
`Act of 2016
`485 Telephone Consumer
`Protection Act
`490 Cable/Sat TV
`850 Securities/Commodities/
`Exchange
`890 Other Statutory Actions
`891 Agricultural Acts
`893 Environmental Matters
`895 Freedom of Information
`Act
`896 Arbitration
`899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`950 Constitutionality of
`State Statutes
`
`SOCIAL SECURITY
`861 HIA (1395ff)
`862 Black Lung (923)
`863 DIWC/DIWW (405(g))
`864 SSID Title XVI
`865 RSI (405(g))
`
`FEDERAL TAX SUITS
`870 Taxes (U.S. Plaintiff
`or Defendant)
`871 IRS—Third Party
`26 USC 7609
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`PERSONAL INJURY
`PERSONAL INJURY
`110 Insurance
`120 Marine
`310 Airplane
`365 Personal Injury -
`130 Miller Act
`315 Airplane Product
`Product Liability
`140 Negotiable Instrument
`Liability
`367 Health Care/
`150 Recovery of Overpayment
`320 Assault, Libel &
`Pharmaceutical
`& Enforcement of Judgment
`Slander
`Personal Injury
`151 Medicare Act
`330 Federal Employers’
`Product Liability
`152 Recovery of Defaulted
`Liability
`368 Asbestos Personal
`Student Loans
`340 Marine
`Injury Product
`(Excludes Veterans)
`345 Marine Product
`Liability
`PERSONAL PROPERTY
`153 Recovery of Overpayment
`Liability
`of Veteran’s Benefits
`350 Motor Vehicle
`370 Other Fraud
`160 Stockholders’ Suits
`355 Motor Vehicle
`371 Truth in Lending
`190 Other Contract
`Product Liability
`380 Other Personal
`195 Contract Product Liability
`360 Other Personal
`Property Damage
`196 Franchise
`Injury
`385 Property Damage
`362 Personal Injury -
`Product Liability
`Medical Malpractice
`CIVIL RIGHTS
`440 Other Civil Rights
`441 Voting
`442 Employment
`443 Housing/
`Accommodations
`445 Amer. w/Disabilities -
`Employment
`446 Amer. w/Disabilities -
`Other
`448 Education
`
`REAL PROPERTY
`210 Land Condemnation
`220 Foreclosure
`230 Rent Lease & Ejectment
`240 Torts to Land
`245 Tort Product Liability
`290 All Other Real Property
`
`PRISONER PETITIONS
`Habeas Corpus:
`463 Alien Detainee
`510 Motions to Vacate
`Sentence
`530 General
`535 Death Penalty
`Other:
`540 Mandamus & Other
`550 Civil Rights
`555 Prison Condition
`560 Civil Detainee -
`Conditions of
`Confinement
`
`V. ORIGIN (Place an “X” in One Box Only)
`1 Original
`2 Removed from
`Proceeding
`State Court
`
`5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`
`3 Remanded from
`Appellate Court
`
`4 Reinstated or
`Reopened
`
`6 Multidistrict
`Litigation -
`Transfer
`
`8 Multidistrict
`Litigation -
`Direct File
`
`VI. CAUSE OF ACTION
`
`Brief description of cause:
`
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`
`FOR OFFICE USE ONLY
`
`CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`Yes
`No
`JURY DEMAND:
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`Act Home Health Services, Inc.
`
`Philadelphia
`
`Thomas T. Hearn; Charles L. Shute
`Obermayer Rebmann Maxwell & Hippel LLP
`1500 Market Street, Suite 3400W, Philadelphia, PA 19102 (215) 665-3000
`
`New Castle, DE
`
`x
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`x
`
`x
`
`x
`
`x
`
`28 U.S.C. § 1332
`
`Breach of non-competition agreement; unjust enrichment.
`
`x
`
`$75,000+; Injunctive Relief
`
`Sienneh Brooks-Louis
`
`8/25/21
`
`

`

`JS 44 Reverse (Rev. 04/21)
`
`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 2 of 12
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
`required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
`required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
`Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
`
`I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
`the official, giving both name and title.
` (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
`time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
`condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
` (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section "(see attachment)".
`
`II.
`
`Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
`in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
`Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
`to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
`precedence, and box 1 or 2 should be marked.
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
`citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
`cases.)
`
`III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
`section for each principal party.
`
`IV.
`
`V.
`
`Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
`that is most applicable. Click here for: Nature of Suit Code Descriptions.
`
`Origin. Place an "X" in one of the seven boxes.
`Original Proceedings. (1) Cases which originate in the United States district courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
`Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
`date.
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
`multidistrict litigation transfers.
`Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
`Section 1407.
`Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
`changes in statute.
`
`VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
`statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
`
`VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
`Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
`
`VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
`numbers and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`

`

`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 3 of 12
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`ACT HOME HEALTH SERVICES,
`INC.
`1121 S. 11th St.
`Philadelphia, PA 19147
`
`vs.
`
`
`SIENNEH BROOKS-LOUIS
`17 Brook Ramble Lane
`Townsend, DE 19734
`
`
`HON.:
`
`CIVIL ACTION NO:
`
`
`
`
`
`
`
`
`
`
`VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF
`
`Plaintiff, ACT Home Health Services, Inc. (“ACT”), by and through undersigned counsel,
`
`
`
`
`
`
`
`by way of Verified Complaint against Defendant, Sienneh Brooks-Louis (“Defendant”), avers as
`
`follows:
`
`NATURE OF THE ACTION
`
`1.
`
`ACT is a home care agency that provides in-home healthcare and nursing services,
`
`comparable to services provided by a nursing home or hospital, to its clients in and around
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`Philadelphia.
`
`2.
`
`In furtherance of this, ACT enters into Independent Contractor Agreements, with
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`Licensed Registered Nurses and Licensed Practical Nurses wherein ACT secures client placements
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`for its contractors and the contractors, in turn, provide in-home nursing services to ACT’s clients
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`using their own independent and professional judgment.
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`3.
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`In order to protect its legitimate business interests, including its client contracts and
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`its goodwill, ACT requires its contractors to agree to refrain from disclosing such confidential
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`information it receives from ACT.
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`4842-5139-0710
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`

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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 4 of 12
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`
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`4.
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`In addition, the contractors also agree that while they are providing services for
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`ACT, and for a period of one year following termination of their contract with ACT, they will not
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`render services to any patient within a thirty (30) mile radius of ACT’s Philadelphia office to which
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`services have been rendered by the contractor pursuant to his or her agreement with ACT.
`
`5.
`
`This action involves a former ACT contractor who, following termination of her
`
`contract with ACT, violated and continues to violate the above-referenced non-competition
`
`covenants by continuing to perform services within thirty (30) miles of ACT’s Philadelphia office
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`for the very client ACT placed her with during her contractual relationship with ACT.
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`6.
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`To prevent further injury, ACT asserts the following claims against Defendant: (1)
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`Breach of Contract; and (2) Unjust Enrichment.
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`7.
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`Because Defendant’s continued unlawful competitive conduct has caused, and will
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`continue to cause, irreparable harm to ACT, ACT respectfully requests that this Court enjoin
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`Defendant from further breaching her non-competition agreement.
`
`PARTIES
`
`8.
`
`ACT is a corporation organized under the laws of Pennsylvania with its principal
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`place of business located at 1121 South 11th Street, Philadelphia, PA 19147.
`
`9.
`
`Upon information and belief, Defendant is a natural person residing at 17 Brook
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`Ramble Lane, Townsend, DE 19734.
`
`JURISDICTION AND VENUE
`
`10.
`
`This Court has personal jurisdiction over Defendant because she has conducted
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`business related to this case in or about Philadelphia, Pennsylvania, and because her actions
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`forming the basis of this Complaint, including her breach of her Independent Contractor
`
`Agreement with ACT and the resulting harm, occurred in Pennsylvania.
`
`4842-5139-0710
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`2
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`

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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 5 of 12
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`
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`11.
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`Federal diversity jurisdiction exists pursuant to 28 U.S.C. § 1332. Plaintiff is a
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`Pennsylvania corporation with its principal place of business in Philadelphia, Pennsylvania.
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`Defendant is a natural person residing in Delaware. Accordingly, complete diversity of citizenship
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`exists. Moreover, the amount in controversy, exclusive of interest and costs, exceeds the sum or
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`value of $75,000.
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`12.
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`Venue is proper in the Eastern District of Pennsylvania pursuant to 28 U.S.C. §
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`1391 because a substantial part of the events or omissions on which the claims asserted herein are
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`based occurred in this District and the subject contract was executed in this District.
`
`FACTUAL BACKGROUND
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`12.
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`ACT is a home health care agency that contracts with clients to provide them with
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`home based professional nursing care services.
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`13.
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`In furtherance of this, ACT enters into contractual arrangements with Licensed
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`Registered Nurses and/or Licensed Practical Nurses (“RNs” and “LPNs”) whereby the
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`contractors (RNs and/or LPNs) engage ACT to secure placements for the contractors to provide
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`services to patients in need of medical care. Once secured, the contractor then provides care for
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`the patients using his/her own independent and professional judgment, and free from the control
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`or direction of ACT.
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`14.
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`Contractors are free to accept or reject any such placements. Once accepted, the
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`patient is the responsibility of the contractor.
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`15.
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`Because ACT is in the business of securing placements for nurses to provide
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`medical care for the patients in need of such care and others with whom ACT contracts, its client
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`contracts constitute valuable and unique assets that ACT identifies as confidential information.
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`4842-5139-0710
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`3
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`

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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 6 of 12
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`
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`Those contracts, along with the goodwill ACT has developed between it and its patients are
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`legitimate protectable business interests of ACT.
`
`16.
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`On or about June 19, 2020, Defendant entered into a contractual arrangement
`
`(“Agreement”) with ACT in which she engaged ACT to secure work placements for her whereby
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`she would render health care services to patients of ACT’s client contracts in need of such care.
`
`Attached hereto as “Exhibit A” is a true and correct copy of Defendant’s contract with ACT,
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`executed by Defendant on June 19, 2020.
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`17.
`
`Defendant’s Agreement with ACT contains a restrictive covenant:
`
`“During the term of this Agreement, and for a period of one (1) year after
`termination, cancellation or expiration of this Agreement, Contractor shall not,
`directly or indirectly, individually or through a partnership, corporation,
`association, or any other entity engaged in competition with ACT, whether as
`partner, shareholder, officer, employee, director or in any other capacity, render
`services to any patient to which services have been rendered by Contractor
`pursuant to this agreement within a thirty (30) mile radius of ACT’s Philadelphia
`office. In addition to any other rights or remedies available to ACT for breach of
`this paragraph, ACT shall be entitled to enforcement by preliminary restraining
`order and injunction.” See Exhibit A, at ¶ 11.
`
`After entering into her contractual arrangement with ACT, ACT secured a work
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`18.
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`placement for Defendant providing in-home care services for Patient Liana F.1 Patient Liana F.
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`resides within thirty (30) miles of ACT’s Philadelphia office. Depending on the route taken,
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`Patient Liana F.’s residence is approximately fourteen or eighteen miles away from ACT’s
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`Philadelphia office.
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`19.
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`On or about April 26, 2021, Defendant falsely informed ACT that an emergency
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`had arisen which would require her to travel to Africa by April 30, 2021. Defendant informed
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`ACT that her last day of work before departing would be April 29, 2021.
`
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`1 The patient’s last name has been omitted to protect patient confidentiality.
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`4842-5139-0710
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`4
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`

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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 7 of 12
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`
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`20.
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`On or about May 6, 2021 Liana F.’s primary caregiver terminated ACT’s
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`services.
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`21.
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`ACT learned of Defendant’s misrepresentation on or about May 6, 2021. That
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`day, ACT contacted Liana F.’s primary caregiver, who informed ACT that Defendant had lied
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`about her whereabouts and that, upon information and belief, Defendant had in fact left ACT and
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`gone to work for a competitive agency. ACT further discovered that Defendant has continued
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`providing care for Liana F. Defendant has, upon information and belief, continued to do so on
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`behalf of ACT’s competitor at Liana F.’s home within thirty (30) miles of ACT’s Philadelphia
`
`office.
`
`22.
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`After learning of Defendant’s breach of her Agreement, ACT conducted further
`
`investigation into the matter by hiring a private investigator. The private investigator confirmed
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`Defendant’s presence at Liana F.’s residence on June 9, 2021 from 6:49 a.m. until 6:34 p.m. This
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`timeframe corresponds with one day in a weekly schedule Defendant maintained for this patient
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`when working pursuant to her Agreement with ACT.
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`23.
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`Having confirmed Defendant to be in breach of her Agreement, ACT, through its
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`counsel, demanded that Defendant: (1) immediately cease and desist from performing any care
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`service for Liana F.; (2) immediately cease and desist from any effort to solicit any of ACT’s
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`patients for whom Defendant may have performed care services; and (3) immediately cease and
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`desist from any use or disclosure whatsoever to any third party or entity of any of ACT’s (or its
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`patients’) confidential, proprietary or trade secret information. See Exhibit B.
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`24.
`
`The letter requested that Defendant provide written assurances to ACT by July 16,
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`2021 that she would comply with the demands contained in the letter and also warned Defendant
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`that her failure to provide the requested assurances could result in legal action against her.
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`4842-5139-0710
`
`5
`
`

`

`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 8 of 12
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`
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`25.
`
`26.
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`To date, Defendant has failed to respond to ACT’s July 16, 2021 demand.
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`Upon information and belief, Defendant continues to be in violation of her
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`Agreement with ACT by, amongst other things, continuing to provide nursing services to Liana
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`F. at her home, which is located within thirty (30) miles of ACT’s Philadelphia office.
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`27.
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`As a result of Defendant’s breach of her Agreement with ACT, ACT has suffered
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`and continues to suffer harm and loss of revenue and goodwill in the marketplace. Defendant’s
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`actions have caused, and continue to cause, a loss in gross revenue to ACT in the amount of
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`approximately $2,396.25 per week. ACT is therefore left with no option but to file this Verified
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`Complaint to protect its interests under the law.
`
`COUNT I
`ACT v. BROOKS-LOUIS – BREACH OF CONTRACT
`
`ACT incorporates by reference the allegations contained in each of the foregoing
`
`28.
`
`paragraphs as if fully set forth herein.
`
`29.
`
`ACT and Defendant, for valuable consideration, entered into a valid and
`
`enforceable Agreement on or about June 19, 2020. See Exhibit A. The Agreement includes
`
`provisions restricting Defendant’s disclosure of Confidential Information to third parties, and
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`restricting Defendant’s ability to provide services to ACT’s clients for a period of time following
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`termination, cancellation, or expiration of the Agreement, within a certain geographic area.
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`30.
`
`Specifically, Defendant agreed that, for a period of one (1) year after termination,
`
`cancellation, or expiration of the Agreement she would not “directly or indirectly, individually or
`
`through a partnership, corporation, association, or any other entity engaged in competition with
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`ACT, whether as a partner, shareholder, officer, employee, director or in any other capacity, render
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`services to any patient to which services have been rendered by [her] pursuant to this agreement
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`within a thirty (30) mile radius of ACT’s Philadelphia office.” See Exhibit A, ¶ 11, p. 5.
`
`4842-5139-0710
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`6
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`

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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 9 of 12
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`
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`31.
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`32.
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`ACT has at all times performed and fulfilled its obligations under the Agreement.
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`Upon information and belief, Defendant has terminated or otherwise ended her
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`Agreement with ACT and entered into a similar arrangement with a competitor. In furtherance of
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`this arrangement, Defendant has continued to provide services to Liana F. at her home, within
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`thirty (30) miles of ACT’s Philadelphia office. Defendant has therefore violated and, upon
`
`information and belief, continues to violate her agreement not to “render services to any patient to
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`which services have been rendered by Contractor pursuant to this agreement within a thirty (30)
`
`mile radius of ACT’s Philadelphia office.”
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`33.
`
`As a proximate result of Defendant’s breach of the non-competition provisions
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`contained in her Agreement with ACT, ACT has suffered, and is continuing to suffer, harm and
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`loss of its revenue and goodwill in the marketplace.
`
`
`
`COUNT II
`ACT v. BROOKS-LOUIS – UNJUST ENRICHMENT
`
`ACT incorporates by reference the allegations contained in each of the foregoing
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`34.
`
`paragraphs as if fully set forth herein.
`
`35.
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`In the event this Court deems the Agreement invalid, Defendant has been unjustly
`
`enriched and benefitted as a result of her wrongful violation of her non-competition obligations.
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`36. While under contract with ACT, and at ACT’s expense, ACT conferred a benefit
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`on Defendant by virtue of it providing her access to and placement with one of its clients, Liana F.
`
`37.
`
`Defendant has appreciated the benefits conferred on her by ACT in the form of
`
`remuneration for the services she performed for ACT’s client.
`
`38.
`
`Upon information and belief, Defendant continues to accept remuneration for
`
`providing in-home healthcare services to Liana F.
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`4842-5139-0710
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`7
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`

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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 10 of 12
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`
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`39.
`
`Because Defendant would not have received such access to Liana F. but for her
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`working relationship with ACT, Defendant’s continued acceptance and retention of said benefit
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`following the termination of her contract with ACT would be inequitable under the circumstances.
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`40.
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`Accordingly, Defendant’s compensation for her continued service to Liana F.,
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`which stems from the unlawful and improper conduct alleged herein, has unjustly enriched
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`Defendant to the detriment and harm of ACT.
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`41.
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`Accordingly, as a matter of equity, Defendant should be required to disgorge any
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`and all revenues, profits, and income resulting from the improper and unlawful conduct alleged
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`herein and to reimburse ACT in an amount equal to Defendant’s unjust enrichment.
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`PRAYER FOR RELIEF
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`WHEREFORE, ACT prays for and respectfully requests judgment in ACT’s favor and
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`against Defendant:
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`A.
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`Granting temporary, preliminary, and permanent injunctions enjoining and
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`restraining Defendant from:
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`i. For the period of one year beginning on the date when Defendant ceases
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`providing services to Liana F., providing nursing services to Liana F.
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`within a thirty (30) mile radius of ACT’s Philadelphia office;
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`ii. For the period of one year beginning on the date when Defendant ceases
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`providing services to Liana F., providing nursing services to any other
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`patient to whom Defendant rendered services to pursuant to her
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`Agreement with ACT, within a thirty (30) mile radius of ACT’s
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`Philadelphia office;
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`4842-5139-0710
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`8
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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 11 of 12
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`iii. Working in any role or capacity that is a subterfuge for otherwise
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`prohibited work or involvement with ACT’s clients to whom Defendant
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`rendered nursing services to pursuant to her Agreement with ACT;
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`iv. Violating any obligation to ACT under the Agreement or applicable
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`state or federal law;
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`B.
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`Awarding ACT its attorneys’ fees, costs, and other expenses incurred in enforcing
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`its rights under the Agreement;
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`C.
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`Awarding ACT past and future compensatory, special, and consequential in an
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`amount to be determined at trial;
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`Awarding ACT interest; and
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`Such other and further relief as the Court deems just and proper.
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`D.
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`E.
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`Respectfully submitted,
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`/s/ Thomas T. Hearn
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`Thomas T. Hearn, Esq. (PA ID No. 87999)
`Charles L. Shute, Esq. (PA ID No. 323439)
`Obermayer Rebmann Maxwell &
`Hippel LLP
`Centre Square West
`1500 Market Street, Suite 3400
`Philadelphia, PA 19102
`thomas.hearn@obermayer.com
`charles.shute@obermayer.com
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`Attorneys for Plaintiff, Act Home Health Services,
`Inc.
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`Dated: August 24, 2021
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`By:
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`4842-5139-0710
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`9
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`Case 2:21-cv-03793 Document 1 Filed 08/25/21 Page 12 of 12
`pOCase 2:21-cv-03793 Document1 Filed 08/25/21 “Pagé12of12>
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`VERIFICATION
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`I, Teresa C. Cando, verify that I am employed by Plaintiff, ACT Home Health Services,
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`Inc., (“ACT”) as its President/Administrator, and that, based on my personal knowledge and my
`review ofACT’s documentsand information,the facts set forth in the attached Verified Complaint
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`are true and correct to the best of my knowledge, information, and belief, except (1) where
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`expressly stated to be based upon information andbelief, in which case, I believe them to betrue,
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`and (2) legal conclusions, for which I expressly deferto Plaintiff's counsel.
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`I understand that false
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`statements herein are subjectto the penalties of 28 U.S.C. § 1746relating to sworn declarationsto
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`authorities.
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`Teresa C, Cando
`President/Administrator
`ACT HomeHealth Services,Inc.
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`Dated:
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`g\au al
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`4814-5706-6998
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