Reynolds and Reynolds Co. v. Universal Forms, Labels & Systems, Inc.

ORDER GRANTING MOTION OF DEFENDANTS DONNA BOULGER, LINDA KOLBECK, JULIA GARRETT, THERESA SCHLEGEL AND MARGIE MOLINO TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT UNDER RULE 12(B)(6) WITHOUT PREJUDICE AND WITHOUT LEAVE TO AMEND.

Background

1.Factual Summary.

The First Amended Complaint alleges the following matters.

About December 31, 1996, Plaintiff Reynolds and Reynolds Company (“Reynolds”) purchased the assets of Vanier Graphics Corporation (“Vanier”). See First Amended Complaint ¶¶ 4, 22-23.

Defendant Universal Forms, Labels & Systems, Inc. (“Universal”) is a competitor of Reynolds in the sale and distribution of forms. See First Amended Complaint ¶ 5.

Defendants J. Kelly Boulger, Patrick Kolbeck, George Garrett, Richard Schlegel and Steve Molino, are former employees of Vanier who went to work for Universal (“Former Vanier Employees”). See First Amended Complaint ¶¶ 6-9,11-21. The former Vanier employees had entered into various confidentiality agreements with Vanier. See First Amended Complaint ¶¶ 46-89. Universal and the former Vanier employees allegedly engaged in a variety of acts of improper competition in violation of the confidentiality agreements. See First…