von Holdt, et al v. A-1 Tool Corp, et al

Filing 1104

MOTION by Defendants A-1 Tool Corporation, Alfonso Arciniegas, Groffrey Luther, Leroy Luther, Triangle Tool Corporation for judgment as a Matter of Law (Renewed) (Noel, Kristin)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JOHN W. VON HOLDT, JR., JANICE
ANDERSON and PLAS-TOOL CO.,
Plaintiffs

Case No. 04-C-4123
Judge Edmond E. Chang

v.
A-1 TOOL CORPORATION, TRIANGLE
TOOL CORPORATION, ALFONSO
ARCINIEGAS, GEOFFREY LUTHER and
LEROY LUTHER,
Defendants.

DEFENDANTS A-1 TOOL CORPORATION, GEOFFREY LUTHER AND ALFONSO
ARCINIEGAS’ RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW

Defendants A-1 Tool Corporation, Geoffrey Luther, and Alfonso Arciniegas (collectively
“Defendants”), by and through their counsel, pursuant to Fed. R. Civ. Pro. 50(b) respectfully
renew their motion for judgment as a matter of law with respect to Plaintiff Plas-Tool
Corporation’s claims for trade secret misappropriation under the Illinois Trade Secrets Act and
breach of fiduciary duty. Final judgment was entered in this matter on February 4, 2014,
following a jury verdict.
Defendants respectfully request the Court find the evidence presented at trial was legally
insufficient for a reasonable jury to determine that Plaintiff was entitled to trade secret protection
of its customer contact information because Plaintiff failed to take reasonable measures under the
circumstances to protect the secrecy or confidentiality of that information. As such, Defendants
respectfully request the Court enter judgment in favor of Defendants as a matter of law on
Plaintiff’s claim for trade secret misappropriation.

QB\130801.00004\25327867.1

Defendant Arciniegas further respectfully requests the Court find the evidence presented
at trial was legally insufficient for a reasonable jury to determine that Defendant Arciniegas
breached a fiduciary duty to Plaintiff and that such breach was the proximate cause of actual
damage to Plaintiff. Accordingly, Defendant Arciniegas respectfully requests the Court also
enter judgment in favor of him as a matter of law on Plaintiff’s breach of fiduciary duty claim.

Dated this 4th day of March, 2014.

A-1 TOOL CORPORATION, TRIANGLE TOOL
CORPORATION, ALFONSO ARCINIEGAS,
GEOFFREY LUTHER and LEROY LUTHER
By:
s/ Kristin Graham Noel
Anthony A. Tomaselli
[e-mail]
Kristin Graham Noel (ARDC# 6237207)
[e-mail]
Matthew J. Duchemin
[e-mail]
Martha Jahn Snyder
[e-mail]
QUARLES & BRADY LLP
33 E. Main Street, Suite 900
Madison, WI 53701
[phone]
William L. Niro
[e-mail]
NIRO, HALLER & NIRO
181 West Madison Street, Suite 4600
Chicago, IL 60602-4515
[phone]
Fax: [phone]
Attorneys for Defendants

QB\130801.00004\25327867.1