Seidel
E.D.C. Technologies, Inc. v. Seidel
Opinion
Lead Opinion
Illston, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
Now before the Court is defendant Jason Pavlos’s motion to dismiss plaintiffs amended complaint. Dkt. No. 37. This motion is scheduled to be heard on October 28, 2016. Pursuant to Civil Local Rule 7-1(b), the Court determines that this matter is appropriate for resolution without oral argument and VACATES the hearing. For the reasons set forth below, the Court will DENY defendant’s motion to dismiss Counts 5 and 7 of plaintiffs amended complaint.
BACKGROUND
Plaintiff E.D.C. Technologies, Inc. (“EDC”) is a creator of an internet-based remote monitoring hot water management system that allows customers to monitor, configure, and actively manage their hot water systems. See Amend. Compl. (Dkt. No. 33) at ¶¶ 16, 18. Defendant Jim Seidel is EDO’s former Vice President of Sales and Marketing. Id. at ¶¶ 1, 5. Defendant Seidel Associates, LLC d/b/a GreenBox Energy is a competing business Seidel allegedly created while employed by EDC. Id. at ¶¶ 8-9, 79. Defendant Jason Pavlos is EDO’s former lead operations technician. Id. at ¶¶ 6, 58.
As lead operations technician, Pavlos was involved in the development, refinement, and implementation of…