Mainstreet Collection, Inc. v. Alderman

Filing 76

ORDER: The court GRANTS the Giftcraft defendants' motion to dismiss for lack of personal jurisdiction 40 , GRANTS IN PART AND DENIES IN PART Alderman and the Giftcraft defendants' motion to dismiss for failure to state a claim 44 , and G RANTS Eller and Eller Enterprises, LLC's motion to dismiss for failure to state a claim 51 . The Giftcraft defendants, Randy Eller, and Eller Enterprises, LLC are DISMISSED as defendants. Signed by Chief Judge James C. Dever III on 2/21/2014. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:12-CV-301-D

MAINSTREET COLLECTION, INC.,

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Plaintiff,

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v.

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KRISTEN ALDERMAN,
RANDY ELLER,
ELLER ENTERPRISES, LLC,
GEORGE KACIC, GIFTCRAFT, INC.,
and GIFTCRAFT, LTD.,
Defendants.

ORDER

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On February 21, 2014, this court held a hearing on defendants George Kacic, Giftcra:ft, Inc.,
and Giftcraft, Ltd.'s (collectively, ''the Giftcra:ft defendants") motion to dismiss for lack of personal
jurisdiction [D.E. 40], defendant Kristen Alderman and the Giftcra:ft defendants' motion to dismiss
for failure to state a claim [D.E. 44], and defendants Randy Eller and Eller Enterprises, LLC's
motion to dismiss for failure to state a claim [D.E. 51]. During the hearing, the court ruled from the
bench.
For the reasons stated in open court and incorporated herein by reference, the court GRANTS
the Giftcra:ft defendants' motion to dismiss for lack of personal jurisdiction [D.E. 40], GRANTS IN
PART AND DENIES IN PART Alderman and the Giftcra:ft defendants' motion to dismiss for failure
to state a claim [D.E. 44], and GRANTS Eller and Eller Enterprises, LLC's motion to dismiss for
failure to state a claim [D .E. 51]. The following claims against Alderman remain: breach of contract
(violation of employment agreement) (claim 6); breach of contract (implied covenant of good faith
and fair dealing) (claim 7); misappropriation oftrade secrets (statutory and common law) (claim 10);

conversion (claim 11 ); computer trespass (claim 12); and unfair and deceptive trade practices (claim
13). See First Amended Complaint [D.E. 25] mf 96-106, 117-13 9. The Giftcraft defendants, Randy
Eller, and Eller Enterprises, LLC are DISMISSED as defendants.
SO ORDERED. This

M day of February 2014.

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