Lambda Optical Solutions, LLC v. Alcatel-Lucent USA Inc., et al., C.A. No. 10-487-RGA-CJB, August 11, 2015
Burke, M.J. Report and Recommendation recommending that motions for partial summary judgment dismissing counterclaims be denied.
Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The court issued a Report and Recommendation on August 6, 2015 recommending that these claims be dismissed via summary judgment. The court therefore recommends this request be denied as moot. With respect to counterclaim 8, the court previously recommended that it be dismissed via summary judgment and is therefore moot. With respect to counterclaim 12, the court declines to consider new argument that was improperly filed.