CONTOUR DATA SOLUTIONS LLC v. GRIDFORCE ENERGY MANAGEMENT LLC et al

Filing 400

MEMORANDUM AND ORDER THAT MOTION FOR SUMMARY JUDGMENT (DOC. 335) IS DENIED IN ITS ENTIRETY. MOTION FOR SUMMARY JUDGMENT (DOC. 339) IS GRANTED AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE CYNTHIA M. RUFE ON 8/28/24. 8/28/24 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CONTOUR DATA SOLUTIONS LLC
Plaintiff,
v.

CIVIL ACTION NO. 20-3241

GRIDFORCE ENERGY
MANAGEMENT LLC, et al.
Defendants.

ORDER
AND NOW, this 28th day of August 2024, upon consideration of the Motions for
Summary Judgment and the responses and replies thereto, and for the reasons stated in the
accompanying Memorandum Opinion, it is hereby ORDERED that:
1. The Motion for Summary Judgment of Plaintiff Contour Data Solutions, LLC
[Doc. No. 335] is DENIED in its entirety.
a. Specifically, Contour’s Motion for Summary Judgment on Counts I (breach of
contract), IV (conversion), V (Computer Fraud and Abuse Act), VI (Stored
Communications Act), and VII (Texas Harmful Access by a Computer Act) is
DENIED. Contour’s Motion for Summary Judgment is also DENIED as to
Gridforce’s counterclaim and Gridforce’s affirmative defenses two through seven.
2. The Motion for Summary Judgment of Defendant Gridforce Energy Management LLC
and NAES Corporation [Doc. No. 339] is GRANTED as follows:
a. Counts II (misappropriation of trade secrets), III (Defend Trade Secrets Act),
IV (conversion), V (Computer Fraud and Abuse Act), VI (Stored
Communications Act), and VII (Texas Harmful Access by a Computer Act) are
DISMISSED.

b.

On Count I (breach of contract), damages are limited to those proven to have
been incurred before August 2020.

It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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