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Roadway Worker Training, LLC v. Bowman
United States District Court, W.D. Arkansas, Texarkana Division
February 1, 2019
ROADWAY WORKER TRAINING, LLC, Plaintiff,
GLEN RAY BOWMAN, Defendant.
AGREED PERMANENT INJUNCTION AND FINAL
O. Hickey United States District Judge
Roadway Worker Training, LLC (“RWT” or
“Plaintiff”) and Defendant Glen R. Bowman
(“Defendant” or “Bowman”) stipulate
and agree that all of the following factual recitations are
true and correct and they consent to the entry of this Agreed
Permanent Injunction and Final Judgment (“Permanent
1. RWT provides flagging, training, and inspection services
to the railway industry. It relies on highly trained,
experienced rail professionals to provide exceptional service
to its customers.
2. RWT has invested a substantial amount of time, effort, and
money developing its goodwill, techniques, training programs,
pricing, service offerings, and marketing strategies that
allow it to offer its services to profitably serve its
customers in the United States.
3. RWT takes calculated measures to maintain the
confidentiality of its Confidential Information. For example,
it retains various types of Confidential Information on
password-protected computers and requires employees to
execute individual confidentiality agreements upon receipt of
Confidential Information. RWT also provides highly
specialized training to its recruits, incumbent employees and
contractors to prepare them to provide industry-leading
services in technical fields such as on-site railroad
operations coordination and other aspects of railway
4. Bowman was hired by Railroad Protective Services
(“RPS”), a wholly owned subsidiary of Roadway
Worker Training, Inc., (“RWT”) on May
19th, 2014. In connection with his hiring, Bowman
and RWT signed an Employment Contract which provided for
certain post-employment restrictions to protect RWT's
Confidential Information. The Agreement also contained the
1. The Employment Contract will commence on the 1st day of
January, 2014 (the “Commencement Date”) and will
run through the 1st day of January, 2017.
2. The parties acknowledge that various provisions of this
Agreement survive past the termination of employment.
5. RailPros Holdings, LLC acquired RWT in January 2018 and
continued the operations of the company. On April 6, 2018,
RWT terminated Plaintiff's employment and learned he
immediately began working for Bottom Line, LLC, a competitor.
By letter dated April 13, 2018, RWT reminded him of his
6. If Bowman were allowed to work in a management capacity
for a competitor of RWT or to recruit or solicit employees or
contractors of RWT to leave its employ and/or join a
competitor of RWT, RWT would suffer immediate, irreparable
7. This Permanent Injunction is being entered pursuant to the
agreements and stipulations of the Parties contained herein.
The Parties stipulate, and the Court finds based on such
stipulation, that this Court has jurisdiction over the
Parties and of the subject matter of this action; that venue
is proper; and that all substantive procedural prerequisites
to the entry of this Permanent Injunction, as well as the
enforceability under and/or its compliance with the Federal
Rules of Civil Procedure are hereby waived by the Parties.
8. The Parties stipulate, and the Court finds, that this
Permanent Injunction resolves all issues and claims for
relief raised or which could have been raised at a hearing or
final trial in this matter and shall be binding upon and
between the Parties and their respective successors and
assigns as set forth herein.
9. The Parties stipulate that the entry of this Permanent
Injunction does not constitute an admission or waiver of
liability of any kind by any Party.
10. During the Term of this Permanent Injunction, the Parties
may apply to the Court at any time for such further orders
and directions as may be necessary or appropriate for the
construction or implementation of this Permanent Injunction
or any of its provisions, or for the enforcement ...
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