Advanced Fluid Systems, Inc. v. Huber et al

Filing 237

ORDER (Memorandum 236 filed previously as separate docket entry) - It is hereby ORDERED that: 1. AFS' MSJ 156 on its affirm claims GRANTED as to ists misappropriation claims against Humber & Integrated Systems but DENIED in all other respect s.; 2. AFS' MSJ 159 on Integrated's counterclaims is GRANTED.; 3. Integrated's MSJ 171 GRANTED as to AFS' claim for aiding & abetting breach of fiduciary duty but DENIED in all other respects.; 4. Livingston defts' MSJ [ 175] is DENIED.; 5. Entry of jdgmt... DEFERRED pending trial...; 6. AFS' claims for violations of Computer Fraud & Abuse Act and Lanham Act, tortious interference w/ contract & prospective contractual relations, unjust enrichment, common law unf air competition, conversion & common law conspiracy deemed WITHDRAWN.; 7. Parties directed to meet & confer w/ undersigned's ctrm deputy to develop appropriate schedule for further proceedings & by 6/21/17 submit to ct jt prop pretrial/trial schedule specifically id'ng length of trial or if unable to agree to submit indiv prop scheds for ct's consideration. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/6/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ADVANCED FLUID SYSTEMS, INC., :
:
Plaintiff
:
:
v.
:
:
KEVIN HUBER, INSYSMA
:
(INTEGRATED SYSTEMS AND
:
MACHINERY, LLC), LIVINGSTON & :
HAVEN, LLC, CLIFTON B. VANN IV, :
and THOMAS AUFIERO,
:
:
Defendants
:

CIVIL ACTION NO. 1:13-CV-3087
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of June, 2017, upon consideration of the motion
(Doc. 156) for summary judgment by Advanced Fluid Systems, Inc. (“AFS”) on
its affirmative claims against all defendants, and its motion (Doc. 159) for summary
judgment on the counterclaims alleged by Integrated Systems and Machinery, LLC
(“Integrated Systems”), and also upon consideration of the cross-motion (Doc. 171)
for summary judgment filed by Integrated Systems, and the cross-motion (Doc. 175)
for summary judgment filed by Livingston & Haven, LLC, Clifton B. Vann IV, and
Thomas Aufiero (“the Livingston defendants”), and for the reasons stated in the
accompanying memorandum, it is hereby ORDERED that:
1.

AFS’s motion (Doc. 156) for summary judgment on its affirmative
claims is GRANTED as to its misappropriation claims against Huber
and Integrated Systems but is DENIED in all other respects.

2.

AFS’s unopposed motion (Doc. 159) for summary judgment on
Integrated Systems’ counterclaims is GRANTED.

3.

Integrated Systems’ motion (Doc. 171) for summary judgment is
GRANTED as to AFS’s claim for aiding and abetting breach of
fiduciary duty but is DENIED in all other respects.

4.

The Livingston defendants’ motion (Doc. 175) for summary judgment
is DENIED.

5.

Entry of judgment in accordance with the above paragraphs is
DEFERRED pending trial on the remaining claims and damages
disputes sub judice.

6.

AFS’s claims for violations of the Computer Fraud and Abuse Act,
violations of the Lanham Act, tortious interference with contract and
prospective contractual relations, unjust enrichment, common law
unfair competition, conversion, and common law conspiracy are
deemed WITHDRAWN.

7.

The parties are directed to meet and confer, in consultation with
the undersigned’s courtroom deputy, with the goal of developing
an appropriate schedule for further proceedings. On or before
Wednesday, June 21, 2017, the parties shall submit to the court a
joint proposed pretrial and trial schedule, specifically identifying the
anticipated length of trial, or, in the event the parties are unable to
agree, shall submit individual proposed schedules for the court’s
consideration.

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