Seidel
E.D.C. Technologies, Inc. v. Seidel
Opinion
Lead Opinion
Illston, J.
ORDER ON PLAINTIFF’S SPECIAL MOTION TO STRIKE AND MOTION TO DISMISS
Re: Dkt. No.
Now before the Court is plaintiff E.D.C. Technologies, Inc.’s special motion to strike and dismiss defendant Jim Sei-del’s fourth and fifth counterclaims and defendant Seidel Associates LLC d/b/a GreenBox Energy’s first through third counterclaims. Dkt. No. 55. This motion is scheduled to be heard on December 9, 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 plaintiffs motion to strike and DENY plaintiffs motion to dismiss.
BACKGROUND
Plaintiff E.D.C. Technologies, Inc. (“EDC”) is the creator of an internet-based hot water management system that allows customers to remotely monitor, configure, and actively manage their hot water systems. See First Amend. Compl. (“FAC”) (Dkt. No. 33) ¶¶ 16,18. Defendant Jim Seidel is EDC’s former Vice President of Sales and Marketing. Id. ¶¶ 1, 5. Defendant Seidel Associates, LLC d/b/a Green-Box Energy (“GreenBox”) is a competing business Seidel allegedly created while employed by EDC. Id. ¶¶ 8-9, 79.…