United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
matter is before the Court on plaintiff's Motion for a
Preliminary Injunction [Doc. No. 18]. Plaintiff claims
defendant breached its duties under the parties'
âExclusive Distribution and Supplyâ Agreement. Plaintiff
seeks to enjoin 21, 2019Defendant from employing its former
employee, Adam Koster and from soliciting Plaintiff's
customers' business. Defendant opposes the Motion, and on
August 21, 2019, a hearing was held. For the reasons set
forth below, the Motion is denied.
unverified Petition alleges the following:
Biologics and Kimera Labs entered into an Exclusive
Distribution and Supply Arrangement (the
"Agreement") April 16, 2018.
the Agreement, Kimera Labs appointed Direct Biologics as
Kimera 's exclusive distributor, "for all of Kimera
's amniotic products, which ... consist of
'Amnio2,' a pure amniotic product, and
'Amnio2x,' which is an amniotic product combined with
placing orders by Direct Biologics, Kimera Labs was required
to, and on multiple occasions did, ship product into the
State of Missouri to be distributed by Direct Biologics, as
required by the Agreement.
Biologics has fully performed all of its obligations under
Labs has committed numerous material breaches of the
Agreement since the Agreement was signed, including:
Labs has employed Adam Koster, a former employee of Direct
Biologics, as Kimera Labs' national sales manager in
violation of section 20 of the Agreement which states:
During the term of this Agreement and for a period of two (2)
years after any expiration or termination of this Agreement,
neither party will employ or solicit for hire as an employee,
consultant or otherwise any of the other party's
personnel without the other party's express written
Labs has used Adam Koster's knowledge of Direct
Biologics' customers gained through his employment with
Direct Biologics to sell amniotic products on Kimera
Labs' behalf directly to Direct Biologics' customers
in violation of section 21 of the Agreement which states:
Each party  agrees that during the Term and for three (3)
months thereafter, i t shall not, directly or indirectly,
take, attempt to take, or otherwise interfere with any
business with a customer, distributor or sub distributor of
the other party.
Labs has provided products with a shelf-life of less than l 0
months and refused to replace those products with products
having a shelf-life of at least l 0 months, as ...