Cont’l Grp., Inc. v. KW Prop. Mgmt., LLC

Plaintiff property management company brought suit against Defendants, seeking a preliminary injunction and an adverse inference for spoliation. Defendants moved to dismiss Plaintiff’s claims.

The Court granted the motions in part and denied them in part. The Court granted Plaintiff’s preliminary injunction on Plaintiff’s breach of restrictive covenant claim and Plaintiff’s tortious interference with restrictive covenants claim. However, the Court denied Plaintiff’s preliminary injunction on a Computer Fraud and Abuse Act (CFAA) claim and tortious interference with customers claim. With respect to Plaintiff’s CFAA claim, Plaintiff could not show that Defendants intended to defraud Plaintiff, and Defendant was therefore entitled to a motion to dismiss. Plaintiff’s motion for an adverse inference instruction was also denied, as Plaintiff did not prove bad faith on behalf of Defendants. The Court found Defendant Kravit’s testimony that she did not know opening files affected the metadata was credible.

Defendant’s Motion to Dismiss (Doc. 57)

Plaintiff’s Motion to Strike Affidavit (Doc. 100)

Plaintiff’s Motion for Adverse Inference or Injunction due to Spoliation (Doc. 102)

Plaintiff’s Motion to Amend and Supplement Preliminary Injunctive Relief (Doc. 128)

Motion to Strike Supplemental Memorandum (Doc. 146) 

Order Granting in Part Motion for Preliminary Injunction (Doc. 150)