CrossBorder Solutions v. Macias

Background

The case concerns the alleged theft of trade secrets and confidential and proprietary information, including a customer list, from CrossBorder Solutions, Inc. and Cross Border Transactions, LLC d/b/a CrossBorder Solutions. The alleged conduct was attributed to Macias, Gini, & O’Connell, LLP and Sanjay Agarwal.

The defendants moved to preclude paragraph 22 of the Declaration of Stephanie Israel, the plaintiffs’ Chief Growth Officer. That paragraph addressed damages, including alleged lost profits resulting from the defendants’ alleged conduct. The defendants alternatively asked the court to require supplemental discovery responses, allow additional discovery concerning the damages theory, and permit them to retain an expert to evaluate and rebut Israel’s testimony.

Court’s Analysis

The court found that the defendants had shown good cause to reopen discovery. It ordered discovery reopened for the limited purpose of examining the lost-profits theory described in paragraph 22 of the Israel Declaration. The court noted that damages are an element of the plaintiffs’ tortious-interference claims.

The court referred the case to U.S. Magistrate Judge Judith C. McCarthy for discovery purposes and directed the parties to contact her to begin the limited discovery by August 17, 2023.

Ruling

Judge Nelson S. Roman dismissed the defendants’ motion for summary judgment and the plaintiffs’ motion for partial summary judgment without prejudice and with leave to renew after the limited discovery was completed. The parties were directed to notify the court after discovery ended whether they intended to renew those motions. The opinion does not separately state a disposition of the defendants’ motion to preclude paragraph 22, although the clerk was directed to terminate the motions listed at ECF Nos. 218, 223, and 285.