Monday, October 25, 2010

Ivy/David Moore Bonding Company spat continued.

The hearing scheduled last week on a motion to dissolve a temporary restraining order obtained by David Moore Bonding Company against former employee Mike Ivy was canceled last week. David Moore Bonding Company obtained a TRO enforcing a non-compete agreement against Mr. Ivy on September 3, 2010 after he began working for American National Bonding Company. Mr. Ivy filed a counter-claim on September 14 and a motion to dissolve the TRO on September 23. The administrator told this correspondent both parties desired a half-day for trial and they are waiting to get a date on the Chancellor's docket (which she said was pretty backed up.).

Mr. Ivy, a former police officer with JPD and the Hinds County Sheriff's office, signed a non-compete agreement on March 8, 2010 with DMBC (See page 3 in documents below). The agreement states Mr. Ivy is prohibited "directly or indirectly from competing with the company within a 120 mile radius of Jackson, Mississippi for a period of two years from the date of termination voluntarily or involuntarily."

Mr. Ivy was fired by DMBC on August 6, 2010. Mr. Ivy alleges in his counter-claim he was returning from transporting a prisoner to a "facility in South Mississippi". Mr. Ivy returned to Jackson later that day and became "involved in the search and rescue" of Officer Agee. Mr. Ivy then claims he gave CPR to the officer and thus ignored his cellphone as it was ringing. Mr. Ivy finally answers his phone several minutes later, was cussed out by DBMC co-owner Mark Culberson, and that Mr. Culberson then told him he was fired. Mr. Culberson allegedly left a voice-mail stating he was fired. Mr. Ivy then accuses DBMC of threatening and harassing him via cellphone.

The Clarion-Ledger reported Mr. Ivy said at the September 16 hearing: "He told me I wasn't a cop any longer and when he calls I should answer the phone," Ivy said. "I told him if he thought I'd stop doing CPR on anybody, much less a police officer, and answer the phone he was wrong." The newspaper article reports Mr. Moore claimed at a September 16 hearing he tried to work with Mr. Ivy and Mr. Ivy was absent from work frequently.

Mr. Ivy ends his counter-claim by asking the court to award him $6,000 in commissions he claims are due him by his former employer. Mr. Ivy also took issue with the claim he was an employee as he states he was an independent contractor responsible for his own taxes, insurance, and that no withholding by DBMC took place.

Interesting case. The non-compete agreement is time and geographic specific. Mr. Ivy argues he was an independent contractor but courts can enforce such an agreement even if he was not an employee. The issue will probably be whether the rest of the agreement is so vague it is unreasonable and if the issue of termination voids the agreement. One curious part of this litigation is Mr. Ivy states Mr. Culberson owns 50% of David Moore Bonding Company yet the Secretary of State's website states Mr. Moore is the only owner of the company. Another example of why Delbert wants to reform the LLC registration laws. While this seems as a dispute between an employee and his employer, one hopes Mr. Ivy was not fired because he did indeed stop to aid a fallen officer.


6 comments:

Kingfish said...

Here is CL story: A veteran law enforcement officer turned bail bond solicitor says his attempts to aid a fatally wounded Jackson policeman last month cost him his job.

But the local bond agency he worked for says the man quit after a series of problems and is now in violation of a contract because he works for a competing agency.

Resolution of that dispute is now before a Hinds County chancery judge.

Mike Ivy, who also is a volunteer firefighter in Terry, says he was giving CPR to officer Glen Agee on the night of Aug. 6 while one of his bosses at David Moore Bonding repeatedly called his cell phone. Agee was fatally wounded when he chased after and then tussled with escaped prisoner Latwan Smith in a ravine less than a mile from the Hinds County Detention Center in Raymond. Smith had escaped from the patrol car en route to the jail.

When Ivy finally returned the missed calls, he got into a heated discussion with the supervisor which Ivy says led to his immediate termination.

"He told me I wasn't a cop any longer and when he calls I should answer the phone," Ivy said. "I told him if he thought I'd stop doing CPR on anybody, much less a police officer, and answer the phone he was wrong."

Ivy then went to work for American National Bail Bonding in Raymond but soon found himself in court after his former employer sought a restraining order.

David Moore, owner of David Moore Bonding in Ridgeland, testified Wednesday in a Hinds County Chancery Court hearing that Ivy began working for his agency in March. And while Ivy's years of experience in law enforcement made him an attractive hire, Moore said he began to notice trouble.

"Mike was not answering his phone when we tried to call him. He seemed to have a lot of absenteeism," Moore said. "At one point, he had indicated wanting to get back in law enforcement."

Moore also said one of his partners told Ivy he was fired the night of Aug. 6, but Moore vetoed the firing and tried to work with Ivy to find a solution so he could remain at the agency.

However, Ivy quit, said Moore.

Now Moore contends Ivy's work for American National Bonding is in violation of a "non-compete" contract he signed that stipulates he cannot compete for bonds in a 120-mile radius of Jackson for at least two years.

The case is before Chancery Judge Dewayne Thomas.

Anonymous said...

Everyman should have the opportunity to earn a living, not compete clauses are like labor unions.

Anonymous said...

What interests me about this case is the ambiguity and terms of the non-compete. For instance, the scope covers 120 miles yet when written out it says 100 miles. Even if it was only 100 miles from the office of DMB, Mr. Ivy would have to go to LA or AL to practice his profession. DMB does not operate in these areas or outside the tri-county area, so why would they restrain Mr. Ivy from operating where they choose not to work? Additionally, the terms are vague in several areas, one being the phrase "directly or indirectly compete with David Moore Bonding." Compete how, doing what, is it washing dishes, cutting grass, bounty hunting, writing bonds? The Non-compete is also beyond what the MS Supreme Court says is reasonable. The Court also addresses the ambiguity issue in favor of Mr. Ivy. This will be an interesting case.

As to Mr. Kingfish, I was on scene the night of Officer Agee's death, and you can rest assured that Mr. Ivy was there rendering aid to Officer Agee. I also heard his phone ring several times and he didn't answer it. Additionally, I have personally heard the voice mail of Mr. Culberson firing Mr. Ivy. Mr. Culberson said, "Mike, you're fired! Turn in all your stuff by 10:00 tomorrow! You have crossed a line with me you are never going to cross. I wish you were standing in front of me. And, you can kiss my a@@!

Anonymous said...

Is this the same Mark Culberson that is a police officer in Vicksburg, or maybe his son that has issue with police officers because of his run ins with them?

Anonymous said...

No, Mark Culberson is not a police officer. He brother Steve Culberson was a police officer with Ridgeland PD. He is now employed with David Moore Bonding with his brother Mark.

Anonymous said...

No one disputes that Michael Ivy was at the scene of the dying officer - but his version of his role there is so far from the truth that it should be labeled fiction. He must be worried, because with the continuance of this case, more facts are being discovered as to what really happened that day. I think it is particularly dispicable that a person who was in law enforcement himself for as long as he claims would use the death of a fallen officer to cover up his own mistakes that day. It really will be interesting to watch as this case unfolds for several different reasons. One in particular is why did Mr. Ivy readily agree to the non-compete agreement by signing it, only to come back later and whine about it? He's an adult who can read, isn't he? No one forced him to sign it, nor did anyone force him to lie about his actions on the day of his firing. The problem with lying is that one lie leads to another, and eventually the truth always catches up with a person. But the thought of these particular truths coming out in such a public, "on-the-record" manner has got to be a horrifying prospect to Mr. Ivy.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.