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Feinberg v. Eckelmeyer

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 16, 2009

LENNY FEINBERG, PLAINTIFF,
v.
DAVID A. ECKELMEYER AND ROBERT FEINBERG, DEFENDANTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

Order

AND NOW on this 16th day of December, 2009, upon consideration of defendants' motion to dismiss (Doc. No. 16), plaintiff's opposition thereto, and defendants' reply, IT IS

HEREBY ORDERED that:

1. Defendants' motion to dismiss is DENIED with respect to plaintiff's claims for violation of the Computer Fraud and Abuse Act, for breach of fiduciary duty, and for civil conspiracy;

2. Defendants' motion to dismiss is GRANTED with respect to plaintiff's claims for violation of Pennsylvania's Uniform Trade Secrets Act ("PUTSA") and for invasion of privacy;

3. Count III of plaintiff's complaint, for violation of the PUTSA, is therefore DISMISSED, without prejudice to the right of plaintiff to file an amended complaint within twenty days from the date of this Order; and

4. Count IV of plaintiff's complaint, for invasion of privacy, is also DISMISSED, without prejudice to the right of plaintiff to file an amended complaint within twenty days from the date of this Order.

20091216

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