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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * TEKSYSTEMS, INC. * Plaintiff, * v. * JONATHAN BOLTON, Defendant. * * * * * * * * * * * * * * Civil Action No.: RDB-08-3099

MEMORANDUM OPINION Plaintiff TEKsystems, Inc., has filed this lawsuit seeking an award of injunctive relief and damages against its former employee, Defendant Jonathan M. Bolton, for his alleged breach of restrictive covenants contained in the Employment Agreement. This Court has diversity jurisdiction pursuant to 28 U.S.C. ' 1332. Currently pending are the parties' cross motions for summary judgment. The parties' submissions have been reviewed and no hearing is necessary. See Local Rule 105.6 (D. Md. 2008). For the reasons stated below, Plaintiff's Motion for Summary Judgment (Paper No. 21) is GRANTED and Defendant's Cross-Motion for Summary Judgment (Paper No. 27) is DENIED with respect to the issue of breach of contract. Defendant Bolton is enjoined from violating the non-compete provision in the Employment Agreement for a period of eighteen months from the date of the Order that follows. Finally, this Court's ruling with respect to Count II and the issue of damages is to await further briefing by the parties. BACKGROUND Plaintiff TEKsystems ("TEK" or "the Company"), a Maryland corporation, is a leading technical staffing and services company. Deposition of Kevin Phelps, taken May 14, 2009,

("Phelps Dep.") at 99. In May of 1999, around the time that he received his undergraduate degree, Defendant Jonathan M. Bolton ("Bolton") accepted an offer to work with TEK as a Technical Recruiter in the New York City region. Deposition of Jonathan M. Bolton, taken May 13, 2009, ("Bolton Dep.") at 11-15. On June 7, 1999, Bolton entered into an Employment Agreement (the "Agreement") with TEK, which contains certain restrictive covenant provisions. The Agreement provides, in pertinent part: 3. COVENANT NOT TO COMPETE: EMPLOYEE agrees that upon the termination of his/her employment, whether by TEKSYSTEMS or EMPLOYEE and whether with or without cause, for a period of eighteen (18) months thereafter EMPLOYEE shall not: (1) Engage in the business of recruiting or providing on a temporary or permanent basis technical service personnel (including, but not limited to, such personnel as engineers, designers, drafters, computer programmers, database administrators, systems analysts or other similarly skilled individuals engaged in similar lines of work), industrial personnel (including, but not limited to, assemblers, warehousemen, shipping/receiving, technicians, or other similarly skilled individuals engaged in similar lines of work), or office support personnel (including, but not limited to, secretaries, data entry personnel, mailroom personnel, administrative assistants, word processors, desktop publishers or other similarly skilled individuals engaged in similar lines of work) within a radius of fifty (50) miles of the office in which EMPLOYEE worked at the time his/her employment terminated . . . 5. COVENANT NOT TO DIVULGE CONFIDENTIAL INFORMATION: EMPLOYEE covenants and agrees that, except as required by the proper performance of his/her duties for TEKSYSTEMS, he/she shall not use, disclose or divulge any Confidential Information or Trade Secrets concerning any TEKSYSTEMS clients, customers, employees, technical personnel, industrial personnel or office support personnel (as described in Paragraph 3) to any other person, entity or company besides TEKSYSTEMS . . . 6. RETURN OF RECORDS: EMPLOYEE agrees, upon termination of his/her employment with TEKSYSTEMS for any reason whatsoever, to return to TEKSYSTEMS all records (whether on paper, computer discs or in some other form), copies of records and papers pertaining to TEKSYSTEMS . . . . Agreement

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Maryland Law