Opinion
23-cv-1159 (JMC) 23-cv-1176 (JMC)
07-10-2024
ORDER
JIA M. COBB, UNITED STATES DISTRICT JUDGE.
For the reasons stated in the accompanying memorandum opinion, it is hereby ORDERED that Clevinger's motion to dismiss Advocacy Holdings' amended complaint, ECF 26, is GRANTED IN PART and DENIED IN PART. It is further
ORDERED that, in particular, of the claims asserted in Advocacy Holdings' amended complaint, ECF 12, Count 10 is DISMISSED, as is any portion of Count 7 that relies on the Computer Fraud and Abuse Act (CFAA) subsections (a)(2), (a)(4), or (a)(5)(C). Advocacy Holdings may proceed with its claims for breach of contract, breach of fiduciary duty, tortious interference with contract and prospective business advantage, trade secret misappropriation, CFAA violations of subsection (a)(5)(A), and Lanham Act violations. It is further
ORDERED that Advocacy Holdings' motion to dismiss Clevinger's amended complaint, ECF 63, is also GRANTED IN PART and DENIED IN PART. It is further
ORDERED that, in particular, of the claims asserted in Clevinger's amended complaint, ECF 29, Counts 2 through 6, 13 through 14, and 19 through 28 are DISMISSED. As such, Clevinger may proceed with his claims for assault, fraudulent inducement/concealment and negligent misrepresentation, and unjust enrichment.
This is a final appealable order.
SO ORDERED.