Zaccari v. Discover Technologies LLC, No. 3:2018cv00453 - Document 28 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 12/28/2018. (walk, )

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Zaccari v. Discover Technologies LLC Doc. 28 IP IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division B L E [f^ DEC 2 8 20)8 u J CLERK, U.S. DISTRICT COURT RICHMOND. VA \ NEIL ZACCARI, Plaintiff, Civil Action No. 3:18-CV-453-HEH V. DISCOVER TECHNOLOGIES LLC, Defendant. MEMORANDUM OPINION (Granting in Part Defendant's Motion to Dismiss) This case involves a business-process consultant suing a government contractor for the alleged infringement of copyrighted software. According to PlaintiffNeil Zaccari ("Plaintiff), Defendant Discover Technologies, LLC's ("Defendant") infringement occurred in collaboration with the United States government. (Compl. H23, ECF No. 1.) Plaintiffalleges that Defendant engaged in copyright infringement, statutory business conspiracy under Virginia law, and misappropriation of a trade secret. (Id. 39-59.) This matter is presently before the Court on Defendant's Motion to Dismiss (ECF No. 9). Both parties have filed memoranda supporting their respective positions, and the Court heard argument on November 26,2018. Upon due consideration of the parties' arguments, and for the reasons that follow, the Court will dismiss Count I for lack of subject-matter jurisdiction and grant in part Defendant's Motion to Dismiss with respect to Count II. Count III survives Defendant's challenge. Dockets.Justia.com

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