Lvrc Holdings Llc V Brekka
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The district courtroom granted summary judgment in favor of Brekka. After dismissing the federal legislation claims, the district court docket declined to exercise supplemental jurisdiction over the remaining state law claims and dismissed the case. Before the district court dominated on the motion, LVRC filed this enchantment. We evaluate the district court docket’s grant of a motion for summary judgment de novo.
Next, proof that Brekka had accessed Plaintiff’s proprietary information through the LOAD website using the cbrekka password after his termination would suggest a violation of the CFAA. However, Plaintiff provided no admissibile evidence that access had been gained after his termination, i.e. when he was not licensed. In responding to a movement for abstract judgment, a celebration should respond with concrete evidence and cannot rely on “mere speculation[.]” O.S.C. Corp. v. Apple Computer, Inc., 792 F.2d 1464, 1467 (9th Cir. 1986). If they had been made before Brekka’s employment was terminated, then he was licensed to entry the LOAD web site. Plaintiff’s failure to reply to the motion with concrete non-speculative evidence as to the timing of the alleged unauthorized entry is fatal to its declare.
- Second, its professional discovered evidence that Brekka’s laptop had accessed the LOAD web site using his cbrekka password at unspecified instances.
- Furthermore, the computers contained e-mails that had been forwarded from Brekka’s LVRC e-mail account to his private e-mail account.
- These documents included a financial assertion for the company, LVRC’s advertising budget, admissions reports for sufferers at Fountain Ridge, and notes Brekka took from a gathering with another Nevada mental well being supplier.
- In Citrin, the Court used agency principles to seek out that the worker violated his obligation of loyalty to his employer when he got down to begin a competing firm and accessed the company pc to further that interest, erasing data on his employer’s computer.
- We won’t reverse a district courtroom’s grant of summary judgment except the get together opposing the abstract judgment motion has identified the evidence establishing a genuine concern of fabric fact in its opposition to abstract judgment.
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