Southern Field Maintenance and Fabrication, LLC v. Killough et al
| Southern Field Maintenance and Fabrication, LLC |
| Walter Eric Killough and Total Maintenance Services, LLC |
| 2:2018cv00581 |
| June 15, 2018 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Crenshaw |
| Gray M. Borden |
| Other Statutory Actions |
| 18 U.S.C. ยง 1836 |
| Plaintiff |
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Filing
85
JUDGMENT: The court having been informed in the notice of settlement (doc. no. 84 ) that this cause is now settled, it is the ORDER, JUDGMENT, and DECREE of the court that this lawsuit is dismissed in its entirety with prejudice, with the parties to bear their own costs and with leave to the parties, within 49 days, to stipulate to a different basis for dismissal or to stipulate to the entry of judgment instead of dismissal, and with leave to any party to file, within 49 days, a motion to have the dismissal set aside and the case reinstated or the settlement enforced, should the settlement not be consummated. It is further ORDERED that all outstanding motions are denied as moot. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 10/24/2019. (Attachments: # 1 Civil Appeals Checklist)(kh, )
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Filing
32
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, it is ORDERED that the 23 Motion to Dismiss is hereby DENIED. The defendants have until February 12, 2019 to file an answer to the amended complaint. Signed by Honorable Judge Gray M. Borden on 1/29/2018. (kh, )
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Filing
21
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, it is ORDERED that the motion to dismiss (Doc. 13 ) is GRANTED in part and DENIED in part as follows:1. The DTSA and ATSA claims in Counts I and II are DISMISSED without prejudice, but may be more specifically repleaded consistent with the discussion of theclaims in this Order. 2. Count III is DISMISSED with prejudice as to the claim for breach of fiduciary duty and duty of loyalty based on misappropriation of a trade secret and is DIS MISSED without prejudice as to the conspiracy claim. The conspiracy claim may be repleaded consistently with the discussion of the claim in this Order. 3. Count IV is DISMISSED with prejudice to the extent that it is based on the conversion of intang ible trade secrets. 4. Count V is DISMISSED without prejudice and may be repleaded consistently with the discussion of this claim in this Order. It is further ORDERED that the Plaintiff shall file no later than October 15, 2018 an amended complaint, complete unto itself, consistent with this Memorandum Opinion and Order. This Amended Complaint should continue to include any claims presently in the original complaint which have not been dismissed by this Order, and should also include, if the Pla intiff seeks to pursue the claims, any claims dismissed without prejudice and the following allegations: 1. The elements of a federal and state trade secret claim as to each category of trade secret information identified in the complaint.2. The fact ual basis for avoidance of the intra-corporate conspiracy doctrine asapplied to Southern Fields alleged conspiracy, should the Plaintiff choose to pursue that claim. 3. A factual basis for an allegation of malice in support of a tortious interference with contractual and business relations claim. Signed by Honorable Judge Gray M. Borden on 10/1/2018. (kh, )
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