United States District Court, District of Columbia
STEPHEN D. METZ, Plaintiff,
BAE SYSTEMS TECHNOLOGY SOLUTIONS & SERVICES, INC., Defendant
For STEPHEN D. METZ, Plaintiff: Peter C. Cohen, CHARLSON BREDEHOFT COHEN BROWN & SAKATA, P.C., Reston, VA.
For BAE SYSTEMS TECHNOLOGY SOLUTIONS AND SERVICES INC., Defendant: Joyce E. Taber, Robert John Smith, LEAD ATTORNEYS, MORGAN, LEWIS & BOCKIUS LLP, Washington, DC; Lincoln O. Bisbee, LEAD ATTORNEY, PRO HAC VICE, MORGAN, LEWIS & BOCKIUS LLP, Washington, DC.
Gladys Kessler, United States District Judge.
Plaintiff Stephen D. Metz (" Plaintiff" or " Metz" ) brings this diversity action against Defendant BAE Systems Technology Solutions & Services, Inc. (" Defendant" or " BAE" ) alleging violations of the common law of the District of Columbia.
This matter is presently before the Court on Defendant's Motion to Dismiss Plaintiff's Amended Complaint [Dkt. No. 13]. Upon consideration of the Motion, Opposition [Dkt. No. 19], Reply [Dkt. No. 20], and the entire record herein, and for the reasons stated below, Defendant's Motion to Dismiss is granted.
BAE provides management and operational support to the United States Armed Forces, Department of Defense, and other federal agencies. Am. Compl. ¶ 7. BAE is incorporated and has its principal place of business in Maryland. Id. ¶ ¶ 5-6. Metz, a Virginia resident, was employed at BAE as Vice President of Maritime Programs from August 13, 2007, to February 3, 2012. Id. ¶ ¶ 3, 8, 52.
On February 3, 2012, Metz was laid off. Id. ¶ 52. Metz signed a Waiver and Release Agreement with BAE that included a Non-Compete Provision barring Metz for one year from working for BAE's competitors. Id. ¶ ¶ 20, 52. That Provision was effective immediately and expired in February of 2013. Id. ¶ 20.
Metz then applied for the position of Senior Vice President and Group Manager of the Acquisition Program Management Group at ALION, a company that had worked with BAE on several projects in the past. Id. ¶ ¶ 52-53, 58-59. ALION selected Metz to fill the position, and he
began working there on May 14, 2012, three months after he left BAE. Id. ¶ 54. Metz's employment with ALION was " on an at will basis." Id. ¶ 55.
Shortly after being hired, Metz informed BAE employees that he was now working for ALION. Id. ¶ 57. In late May 2012, BAE contacted Metz and ALION and " demand[ed] that ALION immediately fire Plaintiff or that Plaintiff immediately resign" and threatened legal action if neither of these events occurred. Id. ¶ 63, 67. The Amended Complaint alleges when Metz went to work for ALION, ALION and BAE had been teammates and partners on a number of projects -- and therefore, were not competitors and would not be competitors during the duration of Metz's one year non-competition agreement with BAE. On June 15, 2012, as a direct consequence of BAE's actions, ALION terminated Metz. Id. ¶ 74.
On October 16, 2012, Metz filed a complaint in this Court. On November 21, 2012, he filed an Amended Complaint.  On December 21, 2012, BAE filed a Motion to Dismiss Plaintiff's Amended Complaint (" Motion" ) [Dkt. No. 13]. On January 25, 2013, Metz filed an Opposition to Defendant's Motion to Dismiss the Amended Complaint (" Opposition" ) [Dkt. No. 19]. On February 8, 2013, BAE filed ...