Lawsuit Head Kandy

Head Kandy Lawsuit

The lawsuit initiated by Head Kandy LLC against Kayla Marie McNeill centers on allegations of breaching an executive employment agreement, specifically through customer solicitation and violating restrictive covenants. The plaintiff, Head Kandy LLC, represented in court by Judge Rodolfo A. Ruiz II, seeks a preliminary injunction, claiming a strong likelihood of proving the breach and solicitation offenses.

This legal battle’s current standing showcases the court’s agreement with Head Kandy’s arguments, granting the sought injunction.

Head Kandy Lawsuit explanation

In Head Kandy LLC vs. Kayla Marie McNeill, the court granted the plaintiff’s fast motion for a preliminary injunction, which meant that Head Kandy had a good chance of winning the case on the facts of the breach of agreement claims.

This pivotal moment in the lawsuit was meticulously documented, with the District Court’s Order Granting the Motion for Preliminary Injuction serving as a critical exhibit. The case, deeply rooted in the allegations of breach, was analyzed through an evidentiary hearing and oral arguments, underscored by Magistrate Judge RUIZ’s report and recommendation.

The court’s decision depended on the strong evidence Head Kandy LLC presented, which described the defendant’s solicitation of customers in violation of restrictive covenants. Despite the defendant’s objections regarding the reasonableness of these covenants and the invocation of free speech defenses, the court aligned with the magistrate judge’s findings, rejecting these arguments.

This lawsuit’s explanation, accessible through legal resources like PACER and RECAP, showcases the rigorous judicial process and underscores the importance of abiding by contractual agreements within professional contexts.

Parties involved

At the heart of this legal battle, Head Kandy LLC stands as the plaintiff, with Kayla Marie McNeill facing allegations as the defendant. To address what they believe to be a significant breach of the Executive Employment Agreement by McNeill, the plaintiff filed the case with the assistance of attorney Beth-Ann Krimsky. The case, numbered 23-CV-60345-RAR, has seen a filing fee of $402.00, indicating the seriousness with which Head Kandy is pursuing this matter.

The defendant, McNeill, has raised objections, especially concerning the Magistrate Judge’s report on the reasonableness of restrictive covenants and the solicitation of customers. However, the court, drawing on precedents like AmeriGas Propane, Inc. v. Sanchez, found a substantial likelihood of Head Kandy’s success on the merits. It concluded that McNeill did solicit customers in violation of the restrictive covenants, despite her objections regarding free speech and jurisdictional challenges.

In response, Head Kandy’s legal team has prepared an amended complaint and a notice of material breach, along with a corrected motion to dismiss the defendant’s objections. The judges involved, including Judge Rodolfo and Magistrate Judge Jared M., are navigating through these complex legal arguments to reach a resolution.

The cause of action

The alleged breach of the Executive Employment Agreement by Kayla Marie McNeill. Head Kandy, the plaintiff, initiated the lawsuit in the Southern District, citing a’material breach and default’ by McNeill. The crux of their argument rests on McNeill’s actions, which, according to the filing on the Civil Cover Sheet, contravened the restrictive covenants outlined in her Executive Employment Agreement.

The court’s decision to grant the plaintiff’s expedited motion underscored the seriousness of the allegations. By adopting the Magistrate Judge’s report and recommendation, the court highlighted the substantial evidence backing Head Kandy’s claims. Evidence presented suggested McNeill engaged in customer solicitation, a clear violation of the agreement’s terms. This action not only breached the contract but also threatened Head Kandy’s business integrity and customer relationships.

Critically, the Order Granted Plaintiffs Expedited Motion for a preliminary injunction marks a pivotal moment in the lawsuit. The court’s careful review of McNeill’s objections and subsequent dismissal of them, which included claims that the restrictive covenants were not reasonable and that they violated his right to free speech, strengthens the legal limits of employment contracts.

Lawsuit Head Kandy

Relief being sought

At the heart of this lawsuit, Head Kandy is pursuing a preliminary injunction to halt McNeill from breaching the restrictive covenants outlined in the Executive Employment Agreement. The relief being sought is multifaceted, aiming to ensure the non-compete provision and the prevention of McNeill’s solicitation of customers are upheld.

Specifically, Head Kandy is requesting the court to affirm that the agreement’s restrictive covenants are reasonable and enforceable. This includes a thorough examination and validation of the duration of these covenants under the applicable laws.

Furthermore, the lawsuit seeks to highlight McNeill’s alleged infringement of the non-solicitation clause, challenging her interpretations of solicitation within the context of the employment agreement.

Key events and timeline

Several pivotal moments have shaped the legal battle between Head Kandy LLC and Kayla Marie McNeill, beginning with the lawsuit’s filing on April 21, 2023. The lawsuit, stamped under case number 0:2023cv60345 in the US District Court for the Southern District of Florida, marked the onset of a legal skirmish that quickly attracted attention. The civil cover sheet that Head Kandy filed along with the initial complaint set the stage for a case that centered on claims of agreement breach.

Judge Rodolfo A. Ruiz II’s order, granting an expedited motion for a preliminary injunction, underscored the seriousness of the allegations. This decision, rooted in the findings of Magistrate Judge Jared M. Strauss, highlighted the court’s agreement with the plaintiff’s likelihood of success on the merits. Specifically, the court cited the AmeriGas Propane, Inc. v. Sanchez case to support the reasonableness of the restrictive covenants at the heart of the lawsuit.

The court’s scrutiny extended to the defendant’s objections concerning the solicitation of customers and free speech, showcasing the balance between contractual obligations and individual rights. Exhibits B and D, alongside the Order: Kayla Marie McNeill and the Response Due Deadline per DE, outlined a precise timeline of the district courts’ proceedings, illustrating the methodical approach to resolving the dispute.

Key arguments

The core of the lawsuit centers on the plaintiff’s assertion that the defendant breached the Executive Employment Agreement by soliciting customers, a claim supported by substantial evidence and judicial findings. This pivotal point in the Head Kandy lawsuit draws attention to the serious implications of violating restrictive covenants within the industry.

Further examination of the key arguments reveals a comprehensive legal battle where the court’s decision to adopt the report and recommendation regarding the defendants underscores the gravity of the situation.

Specifically, the court’s expedited motion for a preliminary injunction against Kayla Marie McNeill illustrates a decisive step in preventing further solicitation. This action, coupled with the court’s adoption of the report and recommendation, highlights the legal system’s commitment to upholding contractual agreements. Additionally, the debate over the defendants’ objections, particularly concerning the definition of ‘solicit,’ demonstrates the complexities of legal interpretation in employment disputes.

The Resolutions of Head Kandy, including the notable Notice of Suspension and Termination for Cause, reflect the organization’s stern stance on compliance and ethics.

Current status

The court’s decision to adopt the report and recommendation, granting the plaintiff’s expedited motion for preliminary injunction, marks a pivotal moment in the case. The court meticulously addressed the defendant’s objections, aligning with the report’s conclusions on the waiver of prior breach defenses and the enforceability of restrictive covenants. This alignment underscores a substantial likelihood of success on the merits concerning the breach of the agreement, grounded in robust case law and compelling evidence.

The court’s analysis extends to the reasonableness of the restrictive covenants, deemed reasonable within the bounds of applicable statutory provisions. This is a crucial facet, considering the defendant, Kayla Marie McNeill, was found to have solicited customers in violation of the agreement. Moreover, the imposition of the injunction, as detailed in Exhibit F, is carefully balanced to not infringe upon McNeill’s right to free speech, a testament to the court’s judicious consideration.

The Response Due Deadline per DE and outlined in the Civil Cover Sheet further solidifies the procedural roadmap ahead. This stage of the lawsuit represents a critical juncture for Head Kandy, with law and evidence converging to shape its trajectory.


This ruling underscores the court’s stance on the enforceability of such agreements, emphasizing the importance of the contractual terms agreed upon by the parties.

From an analytical standpoint, this case may serve as a reference for future legal battles, highlighting the necessity for clear, reasonable, and applicable restrictive covenants within employment agreements.


Reactions have been notably mixed, with some stakeholders celebrating the court’s firm stance on upholding contractual agreements and others decrying what they perceive as an infringement on free enterprise. The court’s acknowledgment of a substantial likelihood of success for the plaintiff has particularly stirred discussions around the enforceability of restrictive covenants, sparking debates that extend beyond the immediate parties involved.

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