AutoTrakk, LLC v. Automotive Leasing Specialists et al

Filing 39

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that: Defendants' 18 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as follows: The Motion is GRANTED WITH PREJUDICE as to the following Counts: Count II and IX; The Motion is GRANTED WITHOUT PREJUDICE as to the following Counts: Counts I, V, VII; and The Motion is DENIED as to the following counts: Count IV, VI, and Count VIII. Plaintiff is GRANTED LEAVE to file an amended complaint no later than twenty one (21) days from the date of this Order, and to preserve secrecy, may file any portion of that amendment under seal. Signed by Honorable Matthew W. Brann on 7/10/2017. (See Order for further details.) (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AUTOTRAKK, LLC,
Plaintiff,
v.
AUTOMOTIVE LEASING
SPECIALISTS, INC. t/a
AMBASSADOR DEALER
FUNDING, MICHAEL C.
CAFFREY, and GEORGE
STAUFFER,
Defendants.

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No. 4:16-CV-01981
(Judge Brann)

ORDER
AND NOW, this 10th day of July 2017, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Defendants’ Motion to Dismiss, ECF No. 18, is GRANTED IN
PART AND DENIED IN PART as follows:
a.

The motion is GRANTED WITH PREJUDICE as to the
following counts:
i.

Count II (Computer Fraud and Abuse Act)

ii.

Count IX (Civil Conspiracy)

b.

The motion is GRANTED WITHOUT PREJUDICE as to the
following counts:
i.

Count I (Federal Trade Secrets) & Count III (State Trade
Secrets)

ii.

Count V (Tortious Interference with Current and
Prospective Business Relationships)

iii.
c.

Count VII (Unfair Competition)

The motion is DENIED as to the following counts:
i.
ii.

Count VI (Conversion)

iii.
2.

Count IV (Breach of Fiduciary Duty of Loyalty)

Count VIII (Unjust Enrichment)

Plaintiff is GRANTED LEAVE to file an amended complaint no
later than twenty one (21) days from the date of this Order, and to
preserve secrecy, may file any portion of that amendment under seal.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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