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17-1120 - Sheffield Metals Cleveland, Inc v. Kevwitch et al


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17-1120 - Sheffield Metals Cleveland, Inc v. Kevwitch et al
November 13, 2017
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Memorandum of Opinion and Order: This matter is before the Court upon plaintiff's Motion for Partial Summary Judgment (Doc. 27) and defendant's Cross-Motion for Summary Judgment of No Release (Doc. 32). Plaintiff's Partial Motion for Summary Judgment is granted and the First, Second, and Third Counterclaims are dismissed. Defendant's Cross-Motion for Summary Judgment of No Release is denied. Judge Patricia A. Gaughan on 11/13/17. (LC,S)
March 13, 2018
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Memorandum of Opinion and Order: Defendant's Motion for Summary Judgment is granted as to Counts One and Four (misappropriation of trade secrets) and denied as to the remaining grounds. Plaintiff's Motion for Summary Judgment is granted as to Count Two (breach of contract) and the counterclaim, and denied as to Counts One and Four. The Court finds that the non-compete agreement has been satisfied. This lawsuit involved defendant's employment with Drexel. Using plaintiff's calculations as to injunctive relief (Doc. 61 at 9), the 95 days defendant was employed by Drexel extended the agreement to January 12, 2018. Thus, no injunctive relief is left on the breach of contract claim. Plaintiff must submit evidence supporting its reasonable attorneys' fees, expenses, and costs. Plaintiff's brief is due 14 days from the date of this Memorandum of Opinion and Order and defendant's brief is due 14 days thereafter. Plaintiff's reply is due 7 days after the filing of defendant's brief. The Court will now turn to the court-ordered TRO and the issue of whether defendant should be found to be in contempt for violating it. The Court will likewise consider this issue on briefs. The same briefing schedule outlined above applies. Judge Patricia A. Gaughan on 3/13/18. (LC,S) re 47, 48
May 23, 2018
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Memorandum of Opinion and Order: Plaintiff's Motion for Contempt is denied and plaintiff's Motion for Costs, Expenses, and Attorney's Fees is granted in part and denied in part as follows: granted as to taxable costs in the amount of $2,000.82, non-taxable expenses and costs in the amount of $1339.78, and attorneys' fees in the amount of $78,648.25; all other requests are denied. Judge Patricia A. Gaughan on 5/23/18. (LC,S) re 65, 66