*1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AUTOTRAKK, LLC, : No. 4:16-CV-01981
: Plaintiff, : (Judge Brann)
: v. :
: AUTOMOTIVE LEASING :
SPECIALISTS, INC. t/a :
AMBASSADOR DEALER :
FUNDING, MICHAEL C. :
CAFFREY, and GEORGE :
STAUFFER, :
: Defendants. :
ORDER AND NOW , this 10 th day of July 2017, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that: 1. Defendants’ Motion to Dismiss, ECF No. 18, is GRANTED IN
PART AND DENIED IN PART as follows: a. The motion is GRANTED WITH PREJUDICE as to the
following counts:
i. Count II (Computer Fraud and Abuse Act) ii. Count IX (Civil Conspiracy)
b. The motion is GRANTED WITHOUT PREJUDICE as to the
following counts:
i. Count I (Federal Trade Secrets) & Count III (State Trade
Secrets) ii. Count V (Tortious Interference with Current and
Prospective Business Relationships) iii. Count VII (Unfair Competition)
c. The motion is DENIED as to the following counts:
i. Count IV (Breach of Fiduciary Duty of Loyalty) ii. Count VI (Conversion)
iii. Count VIII (Unjust Enrichment) 2. Plaintiff is GRANTED LEAVE to file an amended complaint no
later than twenty one (21) days from the date of this Order, and to preserve secrecy, may file any portion of that amendment under seal.
BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge - 2 -