Opinion
Civil Action 22-1911
10-27-2022
WEST CHESTER DESIGN BUILD, LLC, d/b/a COCOON COMPANIES Plaintiff, v. PHILIP MOSES and ONE TWENTY ONE DESIGN & BUILD, LLC Defendants.
ORDER
BERLE M. SCHILLER, J.
AND NOW, this 27th day of October, 2022, upon consideration of Defendants Philip Moses and One Twenty-One Design & Build, LLC's Motion to Dismiss Counts II-V of Plaintiff's Amended Complaint (ECF 11) and Plaintiff West Chester Design Build LLC d/b/a COCOON Companies' Response (ECF 13), and for the reasons set forth in the accompanying Memorandum of Law, it is ORDERED that Defendants' motion is GRANTED IN PART and DENIED IN PART as follows:
1. The Motion is GRANTED with respect to COCOON's DTSA claim and Count V of the Amended Complaint is DISMISSED. If COCOON is able to allege sufficient facts to show its alleged Confidential Information was used in or intended to be used in interstate commerce, it may file a Second Amended Complaint, if any, on or before Monday, November 7, 2022. If it intends to stand on the claims in its Amended Complaint, it shall so inform the Court on or before that date;
2. The Motion is DENIED in all other respects.
It is FURTHER ORDERED that, because West Chester Design Build, LLC d/b/a COCOON Companies filed an Amended Complaint (ECF 7), the Motion to Dismiss filed at ECF 4 is DISMISSED as MOOT.