A former executive at T-Mobile USA was not complying with a ruling that barred her from working at another wireless company, a judge said...

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A former executive at T-Mobile USA was not complying with a ruling that barred her from working at another wireless company, a judge said Friday.

On Oct. 24, Bellevue-based T-Mobile sued Susan Swenson, its former chief operating officer, for violating a non-compete agreement when she accepted the job of COO at Los Angeles-based Amp’d Mobile.

On Nov. 17, Judge John Erlick of King County Superior Court ordered a preliminary injunction, prohibiting Swenson from working at Amp’d until a trial could resolve the complaint.

Following the injunction, Amp’d fired Swenson and rehired her as the president of Amp’d Mobile’s International division.

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At a hearing Friday, Erlick addressed the issue of whether the new position violated the injunction. He found that Swenson and Amp’d had failed to prove she would not compete with T-Mobile USA in that new position.

“T-Mobile has carried its burden going forward,” Erlick said. “The burden has been shifted to Sue Swenson and she hasn’t carried the burden.”

A court date to hear the case is set for April 2007.

“We’re pleased the court agreed with us, and concluded the job that Ms. Swenson proposed would violate the court’s preliminary injunction order,” T-Mobile said in a statement.

Amp’d Mobile could not be reached for immediate comment.

Tricia Duryee: 206-464-3283 or tduryee@seattletimes.com