Cunningham Lindsey U.S. Inc. et al v. Bonanni et al

Filing 76

ORDER (Memorandum 75 filed previously as separate docket entry) re: defts' motion to dismiss 41 - It is hereby ORDERED that: 1. Defts' motion 41 GRANTED to extent it seeks dismissal of Ct II in its entirety & Cts III, V, VI & VII to extent those claims name Fohl & Bonanni as defts.; 2. Defts' motion DENIED in all other respects.; 3. Following claims remain... (see Para 3 for specifics). (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/22/14. (ki)

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

CUNNINGHAM LINDSEY U.S., INC.
and CL ACQUISITIONS HOLDINGS
LIMITED,
Plaintiffs
v.
PAT BONNANI, DALE FOHL, and
VERICLAIM, INC.,
Defendants

:
:
:
:
:
:
:
:
:
:
:
:

CIVIL NO. 1:13-CV-2528
(Chief Judge Conner)

ORDER
AND NOW, this 22nd day of April, 2014, upon consideration of the motion
(Doc. 41) filed by Pat Bonanni (“Bonanni”), Dale Fohl (“Fohl”), and Vericlaim, Inc.
(“Vericlaim”), collectively “defendants,” asking the court to dismiss counts II, III, V,
VI, VII, VIII, and X of the complaint (Doc. 1) of Cunningham Lindsey U.S., Inc., and
CL Acquisition Holdings Limited (collectively “Cunningham Lindsey”), and for the
reasons discussed in the accompanying memorandum, it is hereby ORDERED that:
1.

Defendants’ motion (Doc. 41) is GRANTED to the extent it seeks
dismissal of Count II in its entirety and Counts III, V, VI, and VII to
the extent those claims name Fohl and Bonanni as defendants.

2.

Defendants’ motion (Doc. 41) is DENIED in all other respects.

3.

The following claims remain: breach of contract (Count I) against Fohl
and Bonanni; aiding and abetting in breach of fiduciary duty (Count
III) against Vericlaim; misappropriation and misuse of trade secrets
and confidential information under the Pennsylvania Uniform Trade
Secrets Act (“PUTSA”), 12 PA . CONS. STAT . § 5301 et seq. (Count IV)
against all defendants; tortious interference with contractual and
business relationships (Count V) against Vericlaim; civil conspiracy
(Count VI) against Vericlaim; unfair competition (Count VII) against
Vericlaim; unjust enrichment (Count VIII) against all defendants;
violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030,
(Count IX) against Fohl and Bonanni; and breach of contract (Count
X) against Fohl.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania