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The first three elements of a breach of contract claim (i.e. Argument sections IV(C)(1)(b, c, and e) in the 163 Motion, relating to causes of action I-III Ģ. grant summary judgment for the non-movant," plaintiffs, on the following:ġ. 56(f) NoticeĪfter carefully reviewing the undisputed material facts, the parties were given notice that pursuant to Rule 56(f) of the Federal Rules of Civil Procedure Reply Memorandum in Support of Motion to Reconsider or to Reconsider and Certify to the Utah Supreme Court Order Granting in Part and Denying in Part First American's Motion for Partial Summary Judgment, docket no. Plaintiffs' Response to Motion to Reconsider or to Certify to the Utah Supreme Court Order Granting in Part and Denying in Part First American's Motion for Partial Summary Judgment, docket no. Motion to Reconsider or to Reconsider and Certify to the Utah Supreme Court Order Granting in Part and Denying in Part First American's Motion for Partial Summary Judgment (Motion to Reconsider), docket no. Defendants' motion to reconsider is denied. The defendants replied to First American's opposition. the conscionability of the Equity employment agreements andĭefendants filed a motion to reconsider the Order on the Motion for Partial Summary Judgment or reconsider and certify questions to the Utah Supreme Court. First American's performance under the Employment Agreement Ģ. Williams and Carrell breached the non-compete provisions of their employment agreements, and Smith did not.įor the first three causes of action, the Order on the Motion for Partial Summary Judgment left the following issues regarding the Equity employment agreements for this Motion:ġ. Smith and Williams breached the non-solicitation provisions of their employment agreements andģ. The employment agreements executed with Equity survived First American's purchase of Equity stock and the First American-Equity merger, thus transferring the right to enforce those contracts to First American Ģ. Memorandum Decision and Order Granting in Part and Denying in Part First American's Motion for Partial Summary Judgment (Order on the Motion for Partial Summary Judgment), docket no. Some issues relating to the first three causes of action were resolved by a previous order. Reply Memorandum in Support of Motion for Summary Judgment (Reply), docket no. Plaintiff's Opposition to Motion for Summary Judgment (Opposition), docket no. Motion for Summary Judgment and Memorandum in Support (Motion), docket no. In this motion, the defendants "seek summary dismissal of all claims." First American opposed this motion. Count XIII is against the Individual Defendants for violation of the Computer Fraud and Abuse Act. Count XII is against the defendants for conversion. Count XI is against the defendants for conspiracy. Count X is against Northwest for tortious interference with economic relations. Count IX is against the defendants for unfair competition. Counts VII-VIII are, respectively, against the Individual Defendants and Northwest for misappropriation of trade secrets. Count VI is against Smith for breach of fiduciary duty. Counts IV and V are, respectively, against Northwest and the Individual Defendants for tortious interference with contracts. Some of those contracts were entered into with First American and some were acquired by First American from Equity. The first three causes of action are for breach of contracts: Count I, against Michael Smith Count II, against Jeff Williams Count III, against Kristi Carrell. The Complaint alleges 13 causes of action. The Individual Defendants formed Northwest which competes with First American and employs dozens of other former First American employees.Ĭomplaint, docket no. ("Equity") which was absorbed by First American when the two merged. The Individual Defendants are former employees of First American, and before that were employed by Equity Title Insurance Agency, Inc. Plaintiffs First American Title Insurance Company and First American Title Company, LLC (collectively "First American") brought suit against Northwest Title Insurance Agency, LLC (Northwest) and Michael Smith, Jeff Williams, and Kristi Carrell (collectively "Individual Defendants"). District Judge David Nuffer MEMORANDUM DECISION AND ORDER MOOTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT GRANTING PARTIAL SUMMARY JUDGMENT UNDER RULE 56(f) BUT RESERVING RULING ON SOME ISSUES UNDER 56(f) AND DENYING DEFANDANTS' MOTION TO RECONSIDERĭistrict Judge David Nuffer BACKGROUND Parties