MEMORANDUM RE: DEFENDANTS’ MOTION TO PARTIALLY DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT
MICHAEL M. BAYLSON, U.S.D.J.
On July 26, 2012, Plaintiff Triage Consulting Group, Inc. (“Plaintiff”) filed an action against Binoy Nazareth (“Nazareth”) and Mantis Software Solutions LLC (“Mantis”) for replevin and claiming misappropriation of trade secrets. On November 16, 2012, Plaintiff filed an Amended Complaint (ECF 6) adding as Defendants Implementation Management Assistance, Inc. (“IMA”) and Sarah Lewis (“Lewis”). Plaintiff also dropped its replevin claim and added claims for breach of contract, intentional interference with contractual relations, and unfair competition. On February 12, 2013, Plaintiff filed a Second Amended Complaint (ECF 18), dropping its claims against Nazareth and Mantis, as well as its claim for unfair competition. As it now stands, Plaintiff brings claims for:
1. Misappropriation of trade secrets, in violation of the Pennsylvania Uniform Trade Secrets Act (“PUTSA”), 12 Pa. Cons. Stat. Ann. §§ 5301 et seq., against IMA and Lewis (“Defendants”),
2. Breach of contract against Lewis, and
3. Intentional interference with contractual relations against IMA.
Currently before the Court is Defendants’ Motion to Dismiss Plaintiff’s claims against Lewis and its intentional interference with contractual relations claim against IMA (the “Motion”). For the reasons below, Defendants’ Motion is DENIED.
II. Facts Pled by Plaintiff
Plaintiff is in the business of providing reimbursement and consulting services to healthcare institutions. More specifically, Plaintiff assists healthcare institutions with underpayment recovery, i.e., obtaining full payment for services when those payments are supposed to come from third-party payers.
Plaintiff has invested well over one million hours developing what it calls a “proprietary recovery and resolution process, ” which includes propriety computer software, database applications and files, payment modeling spreadsheets, as well as sundry strategies, knowledge, and expertise. Of particular importance to this case is Plaintiff’s database known as Trakker, which Plaintiff developed internally and is instrumental to its business operations. In order to prevent competitors from learning about Trakker and the other aspects of its proprietary business operations, Plaintiff maintains a culture of confidentiality, including limiting access to information and requiring employees to sign confidentiality agreements.
IMA is a direct competitor of Plaintiff. In December 2011, IMA hired Liana Hans (“Hans”), Plaintiff’s former employee of approximately fourteen years. While working for Plaintiff, Hans had access to Plaintiff’s proprietary information and process, including the Trakker database. Hans had signed a confidentiality agreement during her employment, and another, similar agreement when she left Plaintiff’s employ.
In derogation of both of these agreements, Hans shared with IMA Plaintiff’s proprietary information and processes, including the entire Trakker database. Hans also recruited Lewis, another of Plaintiff’s former employees, for the purpose of assisting IMA to take advantage of Plaintiff’s proprietary information and processes and disclosed to her that IMA intended to steal Plaintiff’s clients. Lewis had signed a confidentiality agreement while working for Plaintiff.
IMA then had Hans and Lewis assist in developing a new database based on Trakker. IMA specifically wanted Lewis to work on this project because Lewis was familiar with Plaintiff’s proprietary business operations. IMA tried to hide its misappropriation of Trakker by removing from its new database any reference to Plaintiff or the name Trakker.
On April 20, 2012, Plaintiff notified IMA that it believed that IMA possessed its proprietary information. IMA agreed to an investigation and, if any of Plaintiff’s information was found on its systems, to remove it. IMA ...