Arthur J. Gallagher & Co. v. Anthony

Filing 73

Opinion & Order signed by Judge James S. Gwin on 6/24/16. Due to the fact that trial will commence on 6/27/16 and this Court did not set out a dispositive motion briefing schedule, this Court grants plaintiff's motion to strike and denies as moot defendant's motion for summary judgment. (Related Docs. 63 and 68 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
------------------------------------------------------:
ARTHUR J. GALLAGHER & CO.,
:
:
Plaintiff,
:
:
v.
:
:
KYLE ANTHONY,
:
:
Defendant.
:
:
-------------------------------------------------------

CASE NO. 16-CV-00284

OPINION AND ORDER
[Resolving Doc. 68]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:

On February 5, 2016, Plaintiff Arthur J. Gallagher & Co. filed a complaint contending
that Defendant Anthony violated his non-solicitation agreement, tortiuously interfered with
Gallagher’s business, and unlawfully disclosed trade secrets in connection with client departures
from Gallagher.1
Upon meeting with the parties, this Court set the matter for expedited trial, with a bench
trial scheduled for June 6, 2016. Due to a scheduling conflict, the Court then rescheduled the
bench trial to June 27, 2016.2 The Court ordered that the parties file opening briefs taking the
format of proposed findings of fact and conclusions of law.3 The Court did not set deadlines for
dispositive motions.
On June 1, 2016, Defendant Kyle Anthony filed his opening brief.4 On the same day,
Defendant Anthony filed a motion for summary judgment, indicating that the reasons in support
of the motion were in the opening brief.5

1

Doc. 1.
The bench trial was first moved to June 28, 2016 Doc. 43. The Court then moved the bench trial to June 27, 2016.
Non-docket entry dated June 3, 2016.
3
Doc. 26; Non-docket entry May 17, 2016.
4
Doc. 62.
2

Case No.16-CV-00284
Gwin, J.
Plaintiff Gallagher has now filed a motion to strike Defendant’s motion for summary
judgment or alternatively, for leave to respond.6 Because trial will commence on June 27, 2016,
and this Court did not set out a dispositive motion briefing schedule, this Court GRANTS
Plaintiff’s motion to strike and DENIES AS MOOT Defendant’s motion for summary
judgment.

IT IS SO ORDERED.

Dated: June 24, 2016

5
6

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Doc. 63.
Doc. 68.

2