Firebird Management Co. Inc. v. Beacon Sales Acquisition, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
__________________________________________
FIREBIRD MANAGEMENT CO. INC d/b/a :
ZIA MATERIALS, INC., :
:
Plaintiff, :
:
v. : Case No. 1:25-cv-00805 KG/JMR
:
BEACON SALES ACQUISITION, INC., :
:
Defendant/Plaintiff. :
v. :
:
ANTHONY M. BELL, :
:
Defendant. :
__________________________________________:
STIPULATED INJUNCTION
This matter comes before the Court upon the joint Stipulation of Beacon Sales
Acquisition, Inc., which does business as QXO (“QXO”), Anthony M. Bell (“Bell”), and
Firebird Management Co. Inc. d/b/a Zia Materials, Inc. (“Zia Materials”) (collectively referred to
as the “Parties” and each a “Party”). The Court approves and enters this Stipulated Injunction as
follows:
WHEREAS, on July 15, 2025, Bell resigned his employment from QXO and joined Zia
Materials, as an employee;
WHEREAS, on August 12, 2025, Zia Materials filed a Complaint for Declaratory
Judgment against QXO seeking a declaration that the Nondisclosure for the Protection of Trade
Secrets Agreement (“Protection Agreement”) executed by Bell is unenforceable by QXO, as well
as for damages for alleged tortious interference with customer relationships.
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Stipulated Injunction
WHEREAS, on August 19, 2025, QXO filed a Complaint and an Emergency Motion for
a Temporary Restraining Order and a Preliminary Injunction against Bell seeking enforcement
of post-employment obligations contained in Bell’s Protection Agreement, and for damages;
WHERAS, the cases and respective claims by the Parties have all been consolidated into
this action; and
WHEREAS, in lieu of proceeding in this action to avoid the costs of litigation, QXO,
Bell, and Zia Materials have agreed to stay the litigation and have reached an agreement on a
Stipulated Injunction as set forth herein to be submitted to the Court and entered.
NOW, THEREFORE, based on the Parties stipulation, it is HERBY ORDERED and
DECREED that:
(1) Through March 31, 2026, for the certain QXO’s Customers and/or
Vendors/Manufacturers with whom Bell had a sales relationship at QXO, as
identified in the confidential list exchanged between the Parties, Bell is enjoined
from, directly or indirectly: (a) communicating with those identified QXO
Customers and/or Vendors/Manufacturers concerning the sale of
waterproofing/sealant materials; (b) soliciting those identified QXO Customers
and/or Vendors/Manufacturers concerning the sale of waterproofing/sealant
materials; and (c) accepting sales requests/inquiries/business for
waterproofing/sealant materials from those identified QXO Customers and/or
Vendors/Manufacturers For clarity, this restriction on Bell, however, will not
impact Zia Materials from continuing to work with those Customers and
Vendors/Manufacturers with whom Zia Materials had or has an existing
waterproofing/sealant sales relationship (subject to Bell’s restriction hereunder),
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Stipulated Injunction
as also identified in the confidential list exchanged between the Parties.
Moreover, Bell can communicate with the clients/customers and
vendors/manufacturers on the confidential lists for purposes other than sales,
including on a friendship and redirection level. His position is related to
architectural and planning responsibilities and requires that he communicate with
clients/customers and vendors/manufacturers on an architectural basis only.
(2) Through July 15, 2026, for the certain QXO’s Customers and/or
Vendors/Manufacturers with whom Bell had a sales relationship at QXO, as
identified in the confidential list exchanged between the Parties, Bell and Zia
Materials are enjoined from, directly or indirectly: (a) communicating with those
identified QXO Customers and/or Vendors/Manufacturers concerning the sale of
waterproofing/sealant materials; (b) soliciting those identified QXO Customers
and/or Vendors/Manufacturers concerning the sale of waterproofing/sealant
materials; and (c) accepting sales requests/inquiries/business for
waterproofing/sealant materials from those identified QXO Customers and/or
Vendors/Manufacturers. Bell can communicate with the clients/customers and
vendors/manufacturers on the confidential lists for purposes other than sales,
including on a friendship and redirection level. His position is related to
architectural and planning responsibilities and requires that he communicate with
clients/customers and vendors/manufacturers on an architectural basis only.
(3) Bell is enjoined from possessing, retaining, using, or disclosing any of QXO’s
confidential or proprietary business information (as defined in the Protection
Agreement). Any such confidential and proprietary business information in Bell’s
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Stipulated Injunction
possession shall be returned to QXO and Bell shall execute an affirmation of
compliance, including that he has not provided the information to Zia Materials.
Bell’s obligations with regard to QXO’s confidential or proprietary business
information shall remain in full force and effect for as long as the information
remains confidential and proprietary.
(4) QXO shall withdraw its Emergency Motion for Preliminary Injunction.
(5) The Court shall stay this action pending expiration of the Stipulated Injunction on
July 15, 2026.
(6) Within ten (10) days of expiration of this Stipulated Injunction on July 15, 2026,
provided there has been full compliance therewith, QXO shall withdraw its
Complaint, and Zia Materials shall withdraw its Complaint for Declaratory Judgment
and damages. The Parties shall take all steps necessary to dismiss this action in
compliance with this provision.
(7) The Parties intend to be bound by this Stipulated Injunction to the fullest extent of
law.
(8) No bond is required for enforcement of this Stipulated Injunction.
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Stipulated Injunction
(9) All Parties participated in the drafting of this Stipulated Injunction.
Stipulated by:
/s/ Michael J. Fortunato
Michael J. Fortunato, Esq.
Andrew M. DeLucia, Esq.
RUBIN, FORTUNATO &
HARBISON P.C.
1200 Liberty Ridge Drive, Suite 220
Wayne, PA 19087
mfortunato@rubinfortunato.com
adelucia@rubinfortunato.com
Tel: (610) 408-2005/2025
ATTORNEYS FOR BEACON SALES
ACQUISITION, INC.
/s /s/ Keith Mier
Keith Mier, Esq.
Butler Snow
2155 Louisiana Blvd. NE, Suite 10400
Albuquerque, NM 87110
Keith.mier@butlersnow.com
Tel: (505) 5456065
ATTORNEYS FOR ANTHONY M. BELL
and FIREBIRD MANAGEMENT CO. INC.
d/b/a ZIA MATERIALS, INC.
So APPROVED, ORDRED, and SIGNED on this 18th day of December 2025.
BY THE COURT:
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its
authenticity, please refer to the Digital File
Stamp on the NEF (Notice of Electronic
Filing) accompanying this document.
Electronically filed documents can be found
on the Court’s PACER public access
system.
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