Case Number: COCE-18-026441 Division: 52 Filing # 81217799 E-Filed 11/26/2018 05:03:13 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. CIVIL DIVISION CASE NO. JETSMARTER, INC., a Delaware corporation, Plaintiff, vs. MITCH WALKER, an individual, Defendant, PLAINTIFE’S COMPL. Plaintiff, JetSmarter, Inc., a Delaware corporation (“JetSmarter”), sues Defendant, Mitch Walker (“Walker” or “Defendant”), and alleges as follows: PARTIES, JURISDICTION, AND VENUE 1. This is an action for injunctive relief that exceeds $15,000, exclusive of costs, interest and attorneys’ fees. 2. JetSmarter is a corporation organized under the laws of the State of Delaware, with its principal place of business located at 500 E Broward Boulevard, Suite 1900, Fort Lauderdale, Florida 33394. JetSmarter is in the business of providing a mobile marketplace for shared and private jet charters throughout the United States and foreign countries. ##* FILED: BROWARD COUNTY. FL BRENDA D. FORMAN. CLERK 11/26/2018 5:03:10 PM.*##*3. Upon information and belief Defendant is currently a resident of Boca Raton, Florida. From January 21, 2015 through July 26, 2018, Defendant was employed by JetSmarter, and the majority of that time he resided and worked in South Florida. 4 The action is being brought as a result of Defendant's tortious interference with JetSmarter’s business relationships, breaches of fiduciary duty, theft of trade secrets, conversion, and breach of non-competition and confidentiality agreements. 5. This Court has jurisdiction over Defendant both because he is a citizen of the State of Florida and because he has committed tortious acts within this State. 6. Venue is proper in Broward County, Florida because one or more of the causes of action asserted herein accrued in Broward County, Florida. 7. Allconditions precedent to the filing of this lawsuit have been satisfied or otherwise fulfilled. 8. JetSmarter is one of the very few start up technology companies in the south Florida region with its headquarters located in Fort Lauderdale, Florida. JetSmarter is a private company that grants its customers access to numerous benefits, including without limitation, the ability to reserve whole aircraft and shared private charter flights via its proprietary and innovative mobile application, throughout the United States and worldwide. JetSmarter does not own or operate the nstead, planes; contracts with licensed and certified private plane operators to operate the flights. 9, JetSmarter is a pioneer and leader in the private jet sharing economy market and, since its inception, has expended substantial resources on marketing campaigns for the purposes of customer acquisition and development of brand recognition, JetSmarter has thousands of members and customers, many of whom are affluent professionals, actors, and executivesJetSmarter customers highly value their privacy, and JetSmarter expends substantial efforts to censure that customers’ personal and contact information is kept confidential. 10. Competition within the shared and private charter industry is aggressive and highly sensitive to price, quality, and level of service provided. JetSmarter fiercely competes with shared and private charter service providers throughout the United States and worldwide. 11, Since JetSmarter’s inception, it has devoted a significant amount of time, money, and effort in establishing and maintaining active, ongoing, and substantial relationships with specific customers through marketing efforts, and developing and nurturing substantial, close working relationships with highly qualified clientele. 12. Once an initial relationship with a customer is established, JetSmarter expends substantial time, effort, and resources to offer services to the customer, customized to their specific needs, resulting in garnering relationships with customers who repeatedly return to JetSmarter for their private and shared charter needs. These relationships are developed and maintained closely by JetSmarter’s sales personnel. 13. JetSmarter also has devoted a great deal of time, money, and effort since the company’s inception toward developing and maintaining a customer list, which contains, inter alia, the names, telephone numbers, and email addresses of its members, and the purchasing history and preferences of particular clients (“Customer List”), 14, JetSmarter’s Customer List, and the information contained therein, are proprietary, confidential and trade secret information belonging exclusively to JetSmarter. JetSmarter’s Customer List provides JetSmarter a distinct business advantage over competitors by, among other things, allowing JetSmarter to know the specific identity of travelers and particular types of shuttle routes and services preferred by those travelers