Gemisys Corp. v. Phoenix American, Inc.

ORDER DENYING DEFENDANTS’ MOTION FOR SANCTION OF DISMISSAL AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff Gemisys Corporation (Gemisys) asserts trade secret, copyright infringement, unfair competition, and breach of contract claims against Defendants Phoenix American, Inc., Phoenix Leasing, Inc., and Resource/Phoenix, Inc. (collectively, Phoenix) in connection with Phoenix’s development of a competing investor services software program. Phoenix moves for the sanction of dismissal against Gemisys based on Gemisys’ conduct in the course of this litigation. Phoenix also moves for summary judgment as to all of Gemisys’ claims or, in the alternative, for summary adjudication as to specific aspects of Gemisys’ trade secret and copyright claims. Finally, Phoenix moves for a protective order pending the completion of their discovery. Gemisys opposes Phoenix’s motions and requests that the Court deny summary judgment pursuant to Rule 56(f) until Gemisys has an opportunity to conduct further discovery.

Having considered all of the papers filed by the parties and oral argument on the motion, the Court finds that any impropriety on Gemisys’ part does not warrant the sanction…