Albany Road Real Estate Partners LLC v. Tryder
| Albany Road Real Estate Partners LLC |
| Mark Tryder |
| 1:2020cv10463 |
| March 6, 2020 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 20 NOTICE of Appearance by Nicholas Paul Brown on behalf of Albany Road Real Estate Partners LLC (Brown, Nicholas) |
| Filing 19 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #12 Motion to Dismiss for Failure to State a Claim per Dkt # 18. (Tang, Danni) |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered. By way of its Complaint, Albany Road Real Estate Partners LLC, an investment firm, alleges that Mark Tryder, a former Vice President, left with plans for an "office to hotel" business opportunity in violation of his employment agreement. The "office to hotel" concept, briefly, is to lease a floor of office space and to convert it into hotel rooms. According to the Complaint, Tryder (with another former colleague) developed business plans for the opportunity using Albany Road's resources, but refused to turn them over upon his departure. Albany Road asserts claims for misappropriation of trade secrets under the federal Defend Trade Secret Act (DTSA) (Count I) and the Massachusetts statutory counterpart and common law (Count II); breach of contract (Count III), breach of fiduciary duties (Count IV); and unjust enrichment/constructive trust (Count V).Albany Road and Tryder both being based in Massachusetts, the DTSA claim is the sole basis for federal court jurisdiction in this matter. Having considered Albany Road's allegations with all favorable inferences, the court nonetheless cannot discern the nature of the trade secret allegedly misappropriated. Under the DTSA, the term "trade secret" means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if--(A) the owner thereof has taken reasonable measures to keep such information secret; and(B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information;18 U.S.C.A. 1839. The "office to hotel" concept described in the Complaint, without more, is far too general (and at least by the Complaint's disclosure, not a secret) to constitute a trade secret of "economic value." The Complaint's conclusory references to business plans or financial models also cannot suffice. Accordingly, Albany Road is directed to submit an Amended Pleading with a more definite statement of the allegedly misappropriated trade secret(s) no later than 5/13/2020. Tryder's motion to dismiss shall be DENIED AS MOOT in light of this order.(Tang, Danni) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time until 5/13/2020 to respond to motino to dismiss. (Tang, Danni) |
| Filing 16 Assented to MOTION for Extension of Time to May 13,2020 to Oppose Defendant's Motion to Dismiss by Albany Road Real Estate Partners LLC.(Francis, Jeffrey) |
| Filing 15 NOTICE of Appearance by Alycia M. Kennedy on behalf of Mark Tryder (Kennedy, Alycia) |
| Filing 14 AFFIDAVIT in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Attorneys' Fees Pursuant to 18 U.S.C. sec. 1836(b)(3)(D) . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cloherty, Daniel) |
| Filing 13 MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Attorneys' Fees Pursuant to 18 U.S.C. sec. 1836(b)(3)(D) filed by Mark Tryder. (Cloherty, Daniel) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Attorneys' Fees Pursuant to 18 U.S.C. sec. 1836(b)(3)(D) by Mark Tryder.(Cloherty, Daniel) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Assented to MOTION for Extension of Time to April 15, 2020 to File Response to #1 Complaint. (Pacho, Arnold) |
| Filing 10 Assented to MOTION for Extension of Time to April 15, 2020 to File Response/Reply to Complaint by Mark Tryder.(Cloherty, Daniel) |
| Filing 9 NOTICE of Appearance by Daniel J. Cloherty on behalf of Mark Tryder (Cloherty, Daniel) |
| Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #7 Motion for Extension of Time until 4/6/2020 to respond to Complaint. As def.'s attorney has not yet made an appearance on the docket, pl.'s attorney is responsible for service of this order on defendant. (Tang, Danni) |
| Filing 7 Joint MOTION for Extension of Time to April 6, 2020 to for Defendant to Respond to Complaint by Albany Road Real Estate Partners LLC.(Francis, Jeffrey) |
| Filing 6 Summons Issued as to Mark Tryder. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Albany Road Real Estate Partners LLC. (Francis, Jeffrey) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Albany Road Real Estate Partners LLC. (Francis, Jeffrey) |
| Filing 2 Civil Cover Sheet & Category Sheet by Albany Road Real Estate Partners LLC. (Attachments: #1 Cat Form)(Francis, Jeffrey) |
| Filing 1 COMPLAINT against Mark Tryder Filing fee: $ 400, receipt number 0101-8144218 (Fee Status: Filing Fee paid), filed by Albany Road Real Estate Partners LLC. (Attachments: #1 Cat Form, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C)(Francis, Jeffrey) |
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| Plaintiff: Albany Road Real Estate Partners LLC | |
| Represented By: | Jeffrey E. Francis |
| Represented By: | Nicholas Paul Brown |
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| Defendant: Mark Tryder | |
| Represented By: | Alycia M. Kennedy |
| Represented By: | Daniel J. Cloherty |
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