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Life Time, Inc. v. Glory Gains Gym LLC

United States District Court, D. Minnesota

June 4, 2018

Life Time, Inc., Plaintiff,
v.
Glory Gains Gym LLC, Glory Gains LLC, Caleb Hock, Seth Barnett, Justin Boyce, Alyssa Henderson, Themistocles Patramanis, Autumn Sollenberger, and Corey Upton, Defendants.

          Patrick R. Martin, Esq., and Stephanie J. Willing, Esq., Ogletree, Deakins, Nash, Smoak, & Stewart, P.C., counsel for Plaintiff.

          James Killian, Esq., and Jeremy Sosna, Esq., Maslon LLP; and Amy Abdo, Esq., Fennemore Craig, P.C., counsel for Defendants Seth Barnett, Justin Boyce, Alyssa Henderson, Themistocles Patramanis, Autumn Sollenberger, and Corey Upton.

          Augustine Jimenez, Esq., counsel for Defendants Glory Gains Gym LLC, Glory Gains LLC, and Caleb Hock.

          ORDER ON PRELIMINARY INJUNCTION

          DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE

         INTRODUCTION

         The Motion for Temporary Restraining Order and/or Preliminary Injunction brought by Plaintiff Life Time, Inc. (“Life Time”) came on for hearing before the undersigned on May 30, 2018. On April 25, 2018, Life Time filed its Complaint (Doc. No. 1), alleging breach of contract and tortious interference with contractual relations. On May 15, 2018, Life Time filed a Motion for Temporary Restraining Order and/or Preliminary Injunction (the “Motion”) (Doc. No. 16). On May 29, 2018, Defendants Barnett, Boyce, Henderson, Patramanis, Sollenberger, and Upton (the “Individual Personal Trainers”) filed their response in opposition to the Motion. (Doc. No. 37.) Also on May 29, 2018, Counsel for Defendants Glory Gains Gym LLC, Glory Gains LLC, and Hock informed the Court that Glory Gains and Hock would not appear at the hearing on the Motion.

         Because Life Time seeks injunctive relief extending through a permanent-injunction hearing, the Court will consider the Motion as a request for a preliminary injunction rather than a temporary restraining order.

         BACKGROUND

         Each of the Individual Personal Trainers and Hock worked at Life Time's North Scottsdale Club in Scottsdale, Arizona, and each signed an identical non-compete and non-solicitation agreement protecting Life Time (the “Agreement”). (Doc. No. 23 (Pollock Decl.) ¶ 12, Exs. A, B, C, D, E, F, & G.) The parties agreed that Minnesota law would govern the contract and provided for venue in the state and federal courts of Minnesota. (Pollock Decl., Exs. A, B, C, D, E, F, & G at 5.) The Agreement defined the “Covered Geographic Area for the Agreement” as the area within a five-mile radius from Life Time, and it defines a “Competing Business” as organizations other than Life Time “engaged in the business of providing fitness club-related services.” (Id.)

         The Agreement also states:

I agree that during the term of my employment with [Life Time] and for a period of nine (9) months after my termination at [Life Time], I will not, directly or indirectly, on behalf of myself or any other person or entity:
a. be employed by or serve as an independent contractor or consultant to any Competing Business within the Covered Geographic Area; or
b. advertise, market, sell, take orders for, or provide Personal training-related services for any Competing Business in the Covered Geographic Area.

(Id. at 4.) The Individual Personal Defendants also agreed to not “call upon [Life Time's] members . . . for the purpose of soliciting and/or providing personal training-related services” or “induce customers, members, employees and/or clients to patronize any Competing Business offering or intending to offer personal ...


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