This section contains the nature of the case and procedural background.

Christian Martinez (D) was originally employed by Software Architects, Inc. (SARK). Martinez (D) had signed an employment agreement containing a non-competition provision. P was not a party to the Agreement and the Agreement is silent as to assignability. Martinez (D) became P's employee following Ps acquisition of SARK on March 1, 2007. P alleges SARK's rights in the Agreement were assigned to P as part of the acquisition. Martinez (D) voluntarily terminated employment on March 14, 2008, and began working for Neudesic, LLC (D) on March 17, 2008. P alleges Martinez (D) violated the restrictive covenant in the Agreement by working for Neudesic and recruiting P's employees to do the same. Ds moved to dismiss.

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