OZBURN-HESSEY LOGISTICS, LLC v. 721 LOGISTICS, LLC et al

Filing 100

ORDER THAT UPON CONSIDERATION OF THE MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS J&K FRESH, LLC, LYNETTE KEFFER AND RAYMOND KEFFER 82 , PLAINTIFF'S RESPONSE 84 , AND DEFENDANTS' REPLY 86 ; AS WELL AS THE MOTION FOR SUMMARY JUDGMENT BY DEFE NDANTS 721 LOGISTICS, LLC, JOHN ANTONUCCI, LAWRENCE ANTONUCCI, JOHN ERCOLANI, WILLIAM FAGAN, HELENA MARTINS, MICHAEL MCLAUGHLIN, MAURA MICELI, EVAN MOSS, ANTOINETTE PANNEL, AND BARBARA ZIMMERMAN 83 , PLAINTIFF'S RESPONSE 85 , AND DEFENDANTS' REPLY 87 , IT IS HEREBY ORDERED THAT THE MOTIONS FOR SUMMARY JUDGMENT (DOCS. 82 & 83) ARE GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 4/7/14. 4/7/14 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

OZBURN-HESSEY LOGISTICS, LLC

FILED

v.

APR - 7 2014
721 LOGISTICS, LLC, et al.

~CHAEL. E. KU&Z, Clerk
ORDER

No. 12-0864

- ep.Clerk

AND NOW, on this 4th day of April, 2014, upon consideration of the Motion for
Summary Judgment by Defendants J&K Fresh, LLC ("J&K"), Lynette Keffer and Raymond
Keffer (Doc. 82), Plaintiffs response (Doc. 84), and Defendants' reply (Doc. 86); as well as the
Motion for Summary Judgment by Defendants 721 Logistics, LLC ("721 "), John Antonucci,
Lawrence Antonucci, John Ercolani, William Fagan, Helena Martins, Michael McLaughlin,
Maura Miceli, Evan Moss, Antoinette Pannel, and Barbara Zimmerman (Doc. 83), Plaintiffs
response (Doc. 85), and Defendants' reply (Doc. 87), it is hereby ORDERED that the Motions
for Summary Judgment (Docs. 82 & 83) are GRANTED in part and DENIED in part, as
follows:
1. On Count II (misappropriation of trade secrets), the motions are GRANTED with

respect to J&K, Lynette Keffer, Raymond Keffer, John Antonucci, William Fagan, Helena
Martins, Michael McLaughlin, Maura Miceli, Evan Moss, Antoinette Pannel, and Barbara
Zimmerman. The motions are DENIED with respect to 721, Larry Antonucci and John
Ercolani.
2. On Count III (unfair competition), the motions are GRANTED with respect to
J&K, Lynette Keffer, Raymond Keffer, John Ercolani, John Antonucci, William Fagan, Helena

Martins, Michael McLaughlin, Maura Miceli, Evan Moss, Antoinette Pannel, and Barbara
Zimmerman. The motions are DENIED with respect to 721 and Larry Antonucci.
3. On Count IV (breach of contract), the motion is GRANTED with respect to Evan
Moss, and DENIED with respect to John Ercolani.
4. On Count V (tortious interference), the motions are GRANTED.
5. On Count VI (civil conspiracy), the motions are DENIED.
6.

On Count VII (breach of the duty ofloyalty), the motion is GRANTED.

BY THE COURT:

UNITED STATES DISTRICT JUDGE