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Metz v. BAE Systems Technology Solutions & Services, Inc.

United States District Court, District of Columbia

September 30, 2013

STEPHEN D. METZ, Plaintiff,
v.
BAE SYSTEMS TECHNOLOGY SOLUTIONS & SERVICES, INC., Defendant

Page 27

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.

OPINION

Page 28

MEMORANDUM OPINION

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.

I. BACKGROUND[1]

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

Page 29

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. [2] 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 ...


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