DECISION AND ORDER INTRODUCTION Plaintiff Couer, Inc. (“Plaintiff” or “Couer”) asserts claims of breach of contract, misappropriation of confidential information and trade secrets, and breach of fiduciary duty against defendant Chris Wygal (“Wygal”) and claims of tortious interference with contract and misappropriation of confidential information and trade secrets against defendant Antmed Corporation (“Antmed”).1 (Dkt. 9). Currently pending before the Court are motions by Wygal and Antmed to dismiss the amended complaint — the operative pleading in this matter — pursuant to Federal Rules of Civil Procedure 12(b)(1) and (b)(6) (Dkt. 62; Dkt. 63) and a motion by Antmed to stay discovery (Dkt. 73). For the reasons set forth below, the Court grants in part and denies in part Wygal’s motion dismiss, denies Antmed’s motion to dismiss, and denies Antmed’s motion to stay discovery as moot. BACKGROUND I. Factual Background The following facts are taken from the amended complaint. The Court treats Plaintiff’s allegations as true for purposes of the instant motion except that, as discussed more fully below, the Court has considered Defendants’ factual submissions in connection with their Rule 12(b)(1) motions. Wygal is a former employee of Plaintiff. (Dkt. 9 at 2). The duration of Wygal’s employment is disputed, and forms the basis for Defendants’ Rule 12(b)(1) motions. Plaintiff alleges in the amended complaint that Wygal worked for Plaintiff from December 2007 until his resignation on March 18, 2020, pursuant to the terms and conditions of an Employee Non-Disclosure, Non-Solicitation, Invention and Technology Use Agreement (the “Employment Agreement”). (Id.). However, Wygal contends that his employment with Plaintiff ended in 2012, at which time he became employed by Illinois Tool Works, Inc. (“ITW”), Plaintiff’s parent corporation. (Dkt. 62-2 at 3). Wygal has submitted documentary evidence in support of his contention, including evidence that his earnings statements and W-2 forms were issued by ITW after 2012. (Id. at
7-8, 10; Dkt. 62-3 at 2; Dkt. 62-4 at 2). Wygal has further submitted a sworn declaration indicating that after 2012, his compensation was solely paid and controlled by ITW, he used an ITW email address for work (and no longer had a Couer email address), and he used an ITW network or database for purposes of his employment. (Dkt. 62-2 at
