Beavers et al v. Vertiv Corporation et al

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4915-1163-5331 v1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
FRANKLIN BEAVERS, TOBY JONES,
JEFFERY LATTA, ADAM LOFTON,
and JASON MCKINNEY
VERSUS
CIVIL ACTION NO. 25-1120-JWD-EWD
JUDGE deGRAVELLES
MAG. JUDGE WILDER-DOOMES
VERTIV CORPORATION, d/b/a
VERTIV GROUP CORPORATION,
and ELECTRICAL RELIABILITY
SERVICES, INC.
PRELIMINARY INJUNCTION
Considering the Verified Petition for Declaratory Judgment, Temporary Restraining Order,
Preliminary and Permanent Injunctions and Other Relief and motion for preliminary injunction
and expedited hearing (by December 22, 2025) thereon of Plaintiffs, Franklin (Wayne) Beavers
(“Beavers”), Toby Jones (“Jones”), Jeffery Latta (“Latta”), Adam Lofton (“Lofton”), and Jason
McKinney (“McKinney”) (collectively “Plaintiffs”), the arguments of counsel, law, and evidence,
the Court finds the following agreements constitute employment agreements within the meaning
of La. R.S. § 23:921(A)(2):
1. Beavers’ “Confidentiality, Noncompetition, Nonsolicitation, and Intellectual Property
Agreement” with Vertiv Group entered on or about October 22, 2021, submitted as Exhibit
A to the Verified Petition (the “Beavers Agreement”) (Rec. Doc. 1-1, page 32),
2. Jones’ “Confidentiality, Noncompetition, Nonsolicitation, and Intellectual Property
Agreement” with Vertiv Group entered on or about May 16, 2018, submitted as Exhibit B
to the Verified Petition (the “Jones-Vertiv Agreement”) (Rec. Doc. 1-1, page 43),
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3. Jones’ “Non-Competition and Non-Solicitation Agreement” with ERS entered on or about
June 26, 2016, submitted as Exhibit C to the Verified Petition (the “Jones-ERS
Agreement”) (Rec. Doc. 1-1, page 54),
4. Latta’s “Confidentiality, Noncompetition, Nonsolicitation, and Intellectual Property
Agreement” with Vertiv Group entered on or about August 10, 2022, submitted as Exhibit
D to the Verified Petition (the “Latta-Vertiv Agreement”) (Rec. Doc. 1-1, page 60),
5. Latta’s “Agreement Not to Compete” with ERS entered on or about January 17, 2012,
submitted as Exhibit E to the Verified Petition (the “Lata-ERS Non-Compete Agreement”)
(Rec. Doc. 1-1, page 71),
6. Latta’s “Non-Solicitation Agreement” with ERS entered on or about January 17, 2012,
submitted as Exhibit F to the Verified Petition (the “Latta-ERS Non-Solicitation
Agreement”) (Rec. Doc. 1-1, page 74),
7. Lofton’s “Confidentiality, Noncompetition, Nonsolicitation, and Intellectual Property
Agreement” with Vertiv Group entered on or about December 6, 2018, submitted as Exhibit
G to the Verified Petition (the “Lofton Agreement”) (Rec. Doc. 1-1, page 77),
8. McKinney’s “Confidentiality, Noncompetition, Nonsolicitation, and Intellectual Property
Agreement” with Vertiv Group entered on or about October 1, 2018, submitted as Exhibit
H to the Verified Petition (the “McKinney-Vertiv Agreement”) (Rec. Doc. 1-1, page 88),
and
9. McKinney’s “Non-Competition and Non-Solicitation Agreement” with ERS entered on or
about December 11, 2014, submitted as Exhibit I to the Verified Petition (the “McKinney-
ERS Agreement”) (Rec. Doc. 1-1, page 100).
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The Court further finds that Plaintiffs have satisfied their burden of showing irreparable
injury absent preliminary injunctive relief, a substantial likelihood of success on the merits, no
adequate remedy at law, the balance of hardships favors issuance of the requested preliminary
injunction, and that granting the injunction will not disserve the public interest.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff’s
motion for a preliminary injunction is GRANTED.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that for the pendency of
this action, a preliminary injunction is hereby entered enjoining and prohibiting Defendants, and
all others acting in concert with them, from attempting to evade this Court’s jurisdiction over the
matters addressed in this case through any action taken outside of this case to initiate another
lawsuit in another court seeking enforcement of the above-described Agreements (Exhibits A-I to
the Petition), including the (A) Beavers Agreement (Exhibit A); (B) Jones-Vertiv Agreement
(Exhibit B); (C) Jones-ERS Agreement (Exhibit C); (D) Latta-Vertiv Agreement (Exhibit D); (E)
Latta-ERS Non-Compete Agreement (Exhibit E); (F) Latta-ERS Non-Solicitation Agreement
(Exhibit F); (G) Lofton Agreement (Exhibit G); (H) McKinney-Vertiv Agreement (Exhibit H); and
(I) Mc-Kinney-ERS Agreement (Exhibit I); and from taking any action outside the proceedings of
this Court calculated to enforce any choice of forum or choice of law clause contained in the
agreements comprising Exhibits A-I to the Petition (listed above) in this matter or any non-compete
or non-solicitation of customers provisions contained therein.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with
Federal Rule of Civil Procedure 65(c), Plaintiffs shall furnish security in the amount of
$________________________.	100.00
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IT IS FURTHER ORDERED that the status conference set for January 28, 2026 is CANCELED.
Issued this 26th day of January, 2026, at 9:00 o’clock a.m., in Baton Rouge,
Louisiana.
_________________________________________
JUDGE, UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
S
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