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Von Rohr Equipment Corp. v. Tanner Bolt & Nut Corp.

Breach, Tortious Interference Claims Dismissed But Accounting Claim Survives

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MEMORANDUM & ORDER

*1 On May 12, 2017, Plaintiff Von Rohr Equipment Corp. filed this action seeking monetary and injunctive relief against Defendants Tanner Bolt & Nut Corp. (“Tanner”), Jeff Tannenbaum, and Brian Schroder. (Compl. (Dkt. 1).) Plaintiff alleges that Tanner and Tannenbaum obtained certain of Plaintiff’s confidential business information from Schroder, who was formerly employed by Plaintiff, and used that information to achieve an unfair commercial advantage over Plaintiff. (See, e.g., id.1.) Before the court is Defendants’ motion for partial dismissal of the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”). (Mot. to Dismiss (“Mot.”) (Dkt. 23).) For the following reasons, the court GRANTS IN PART and DENIES IN PART the Motion.I. BACKGROUNDPlaintiff is a New Jersey-based construction equipment supplier that provides “tools and equipment to trade contractors in the highly competitive markets of New York, New Jersey, Pennsylvania, and Connecticut.” (Compl.12.) Plaintiff asserts that “[o]ne of [its] key competitive advantages…is its substantial and longstanding customer relationships.” (Id.13.) Plaintiff further alleges that it “has…invested heavily in procuring strategic assets to expand its market as well as recruiting, training and retaining, at considerable cost, a sales and

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