Exceptional Marketing Group, Inc. v. Jones et al

Filing 108

Judge George A. OToole, Jr: ORDER entered. re 57 filed by Jeff Jones. The defendant's motion for summary judgment is DENIED. (Lyness, Paul)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 11-12239-GAO
EXCEPTIONAL MARKETING GROUP, INC.,
Plaintiff,
v.
JEFF JONES,
Defendant.

ORDER
July 29, 2013
O’TOOLE, D.J.
After review of the parties’ submissions constituting the summary judgment record, I
conclude that the defendant’s motion for summary judgment (dkt. no. 57), renewed with
permission, should be denied. There are material disputes between the parties not only about
discrete facts but more importantly about what additional inferences or conclusions of fact might
or might not be drawn from them. As just one example, the parties’ dispute whether Jones’
publicizing his relocation to 89 Degrees was simply an innocent sharing of potentially interesting
information or rather was a sly indirect solicitation of Fiesta Americana’s business. That is a
question that a fact finder would best resolve after an opportunity to assess the evidence
produced in a full trial, with the accompanying opportunity to observe and evaluate the
credibility and reliability of witnesses. There are similar kinds of issues as to each of the claims.
The defendant’s motion for summary judgment is DENIED.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge