ALI-ABA Topical Courses Trade Secrets From the ... - ALI CLE

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07/08/2011 86 11:51 FAX HANSLEY AROHCHICK 1ll003/019Case 2:11-cv-04303-RB Document 7 Filed 07/08/11 Page 1 of 1UNITED STATES DISTRICT COURT EASTERN· DISTRICT. OF PENNSYLVANIA LINDA EAGLE,Plaintiff,v.Civil Action No. 11-4303 (RB)SANDI MORGAN, HAITBAM SAEAD, JOSEPH MELLAC!, ELIZABETH SWEENEY, LISA ARNSPERGER, QAMAR. ZAMAN, aad EDCOMM, INC. Defendants.ORDERAND NOW. upon consideration ofPlaintiffLinda Eagle's Motion for a TemporaryRestraining Order aMl-ftetttJftlHtf"I"':trmmette&"OJ:E,t-Stilftllel9GM4I:1-li!JII'et.:in further support of theJII~ttoft. it is hereby ORDERED and DEC ED tha;.pefendants Sandi Morgan. Haitham Saead,Joseph Mellaci. Elizabeth S\'IVeeney, Lisa Amsperger, Qamar Zaman and Edcomm, Inc. shall notalter, CfQDceal or destroy the LinkedIn account at issue in this aotio~ that was, at least untilJune 20.2011, accessib1e at the internet address ''http://1inkedin.comlinllindaeagle."AND IT IS FUR TIiER ORDERED that Plaintiff shall' serve this Order upon counsel forEdcomm, Inc. and upon the individual defendants.BY THE COURT:(;c..-J. tII\rLLU. S :_J._
87IN THE UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONJILL E. MAREMONT, ))Plaintiff, )) Case No. 10 C 7811v. ))SUSAN FREDMAN DESIGN GROUP, )LTD. and SUSAN FREDMAN, ))Defendants. )AMY J. ST. EVE, District Court Judge:MEMORANDUM OPINION AND ORDERIn her Second Amended Complaint, Plaintiff Jill E. Maremont alleges violations of theLanham Act, 15 U.S.C. § 1125(a), and Stored Communications Act, 18 U.S.C. § 2701, et seq.,against Defendants Susan Fredman Design Group, Ltd. (“SFDG”) and Susan Fredman (Counts Iand II). See 28 U.S.C. § 1331. Pursuant to the Court’s supplemental jurisdiction, Maremont alsoalleges a claim under the Illinois Right of Publicity Act, 765 ILCS 1075, et seq. (Count III) and acommon law right to privacy claim (Count IV). See 28 U.S.C. § 1367(a).Before the Court is Defendants’ motion for summary judgment and Plaintiff’s motion forpartial summary judgment as to Counts I, II, and III of the Second Amended Complaint – bothpursuant to Federal Rule of Civil Procedure 56. For the following reasons, the Court grants inpart and denies in part Defendants’ motion for summary judgment and denies Plaintiff’s motionfor partial summary judgment. The Court dismisses Plaintiff’s Illinois Right of Publicity Actclaim as alleged in Count III and common law right to privacy claim as alleged in Count IV withprejudice.
Page 1 and 2: 47ALI-ABA Topical CoursesTrade Secr
Page 3 and 4: 49Michael L. Banks (argued)Morgan,
Page 5 and 6: 51quality and cost, labor issues, a
Page 7 and 8: 53continued working for Bimbo notwi
Page 9 and 10: 55to work for a competitor. Moreove
Page 11 and 12: 57Following Botticella’s departur
Page 13 and 14: 59D. Procedural HistoryAfter Bottic
Page 15 and 16: 61consequently, also is the primary
Page 17 and 18: 63a. Information in Bimbo’s code
Page 19 and 20: 651. Air Products and Inevitable Di
Page 21 and 22: 67sale of on-site gas during his em
Page 23 and 24: 69regardless of those secrets’ te
Page 25 and 26: 71hired to provide information he o
Page 27 and 28: 73would be “virtually impossible
Page 29 and 30: 75preliminary injunction on its tra
Page 31 and 32: 77The Superior Court subsequently s
Page 33 and 34: 79have rested on its interpretation
Page 35 and 36: 815. Adverse Inference Based on Bot
Page 37 and 38: 83needed in the interim to protect
Page 39: 85which he or she is best suited.
Page 43 and 44: 89made in their Rule 56.1 statement
Page 45 and 46: 91during Maremont’s absence, a gu
Page 47 and 48: 931125(a)(1)(A). As the Seventh Cir
Page 49 and 50: 95damages based on their representa
Page 51 and 52: 97Therefore, the Court denies both
Page 53 and 54: 99judgment as to Count III of the S
Page 55 and 56: 101CONCLUSIONFor the these reasons,
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Faiveley Transport Malmo AB v. Wabt
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139Sasqua Group, Inc. v. Courtney,
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