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Yak v. BiggerPockets LLC

Pleaded Facts Contradict Assertion That 'Lease Packet' Is a 'Trade Secret'

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MEMORANDUM OPINION AND ORDER Plaintiff Patricia Yak (“Plaintiff”) brings this diversity action against BiggerPockets, L.L.C. (“BP”) and its employee Craig Curelop (“Curelop” and collectively “Defendants”) for: (1) misappropriation of trade secrets; (2) unfair competition; (3) unjust enrichment; (4) conversion; (5) fraud; (6) fraudulent concealment; and (7) breach of the implied covenant of good faith and fair dealing, concerning Defendants’ sale of legal forms that Plaintiff prepared for Defendants pursuant to two agreements between the parties.¹ (Doc. 18, “Am. Compl.”

87-158). On December 13, 2019, Defendants moved to dismiss this action in its entirety for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2) or, in the alternative, failure to state a claim upon which relief can be granted under Federal Rules of Civil Procedure 12(b)(6) and 9(b). (Doc. 20; Doc. 21, “Def. Br.”). Plaintiff filed her opposition to Defendants’ motion on January 9, 2020 (Doc. 23, “Opp’n. Br.”), and the motion was fully briefed with the filing of Defendants’ reply on January 24, 2020 (Doc. 24, “Reply Br.”). On April 16, 2020, this matter was reassigned to me. For the reasons set forth below, Defendants’ motion to dismiss is GRANTED. BACKGROUND The facts herein are taken from Plaintiff’s Amended Complaint along with the documents annexed thereto (all of which are integral to, or referred to in, the Amended Complaint) and are considered true only for the purpose of resolving the extant motion.² The facts are generally undisputed. Plaintiff is a New York resident who is licensed to practice law in Connecticut. (Am. Compl.

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