Case 2:11-cv GP Document 12 Filed 09/29/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Similar documents
Case 1:12-cv RJS Document 8 Filed 01/29/13 Page 1 of 8

FILED: KINGS COUNTY CLERK 05/09/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2016

FILED: NEW YORK COUNTY CLERK 11/13/ :21 PM INDEX NO /2013 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 11/13/2018

Case 3:16-cv RLY-MPB Document 1 Filed 04/25/16 Page 1 of 13 PageID #: 1

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

Case 1:11-cv RMC-TBG-BAH Document 42 Filed 09/15/11 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH

MATT COCHRAN and MINDY GANZE COURT USE ONLY

Case 1:17-cv UNA Document 1 Filed 01/25/17 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:96-cv DBS

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT SECOND MOTION TO SUPPLEMENT THE RECORD ON APPEA L

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN TI-tE COURT OF CttANCER OF TI-tE gtate OF DELAWARE IN AND FOR NEW CASTLE COUNTY ANSWER

Case: 1:11-cv DCN Doc #: 2 Filed: 11/03/11 1 of 12. PageID #: 13

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH. Civil No.: Judge

RESPONSE OF DEFENDANT DOUGLAS WRIGHT TO PLAINTIFFS MOTION FOR SERVICE BY PUBLICATION ON LINDA WALL

John M. O Connor, Esq. ANDERSON KILL & OLICK, P.C.

Case 2:09-md JD Document 120 Filed 01/14/11 Page 1 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:04CV-338-H ELECTRONICALLY FILED

IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH

Case 4:16-cv SMR-CFB Document 27 Filed 08/08/16 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

Case3:11-cv RS Document60-5 Filed01/06/12 Page1 of 39

IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR SAN JUAN COUNTY, STATE OF UTAH. Case No. v. Judge WILLIE GRAYEYES,

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

FILED: ONONDAGA COUNTY CLERK 05/20/ :33 PM INDEX NO. 2014EF5188 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 05/20/2016. Exhibit E

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EXHIBIT 4 FILED: ONONDAGA COUNTY CLERK 11/07/ :40 PM. the. Affirmation of Laurel J. Eveleigh

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA No.

6:13-cv GRA Date Filed 09/11/13 Entry Number 1 Page 1 of 25. UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Greenville Division

Case 3:18-cv BRM-TJB Document 1 Filed 01/23/18 Page 1 of 10 PageID: 11 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

IN THE CIRCUIT COURT OF JACKSON COUNTY AT INDEPENDENCE, MISSOURl

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION : : : : : : : : : : : : : : : : : : : : :

MOTION TO SUPPRESS STATEMENTS

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. Plaintiff-Appellant, Appeal No v.

IN THE CIRCUIT COURT OF MONTGOMERY, COUNTY, ALABAMA

BEFORE THE HEARING BOARD OF THE ILLINOIS ATTORNEY REGISTRATION ANSWER TO COMPLAINT

SUPREME COURT OF ALABAMA

PLAINTIFF FFRF'S RESPONSES TO DEFENDANTS' FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

STATE OF VERMONT PROFESSIONAL RESPONSIBILITY BOARD. Decision No. 35

EXHIBIT 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO. LIST INTERACTIVE LTD., d/b/a Uknight Interactive; and LEONARD S.

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO.

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF CALHOUN. JOSEPH CASIAS, Case No CK Hon. Plaintiff,

Case No D.C. No. OHS-15 Chapter 9. In re: CITY OF STOCKTON, CALIFORNIA, Debtor. Adv. No WELLS FARGO BANK, et al.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Plaintiff, : : v. : No. 3:16-cv-1267 (SRU) : DEPARTMENT OF : CORRECTION, et al., : Defendants.


Case 8:16-cv CEH-AAS Document 8 Filed 09/30/16 Page 1 of 25 PageID 210

Case 2:03-cv GLL Document 295 Filed 06/21/10 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BEFORE THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION STATE OF FLORIDA AMENDED NOTICE OF FORMAL CHARGES

Attorneys for Defendants THE J. PAUL GETTY MUSEUM AND THE J. PAUL GETTY TRUST SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES

DANIEL F. MONAHAN, ESQUIRE Attorney I.D. No North Pottstown Pike, Suite 210 Exton, PA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI RONNIE AND DIANNE ROBERTSON APPELLANT VS. CAUSE NO CA BRIEF OF APPELLANT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

FILED: ONONDAGA COUNTY CLERK 11/16/ :25 AM

Texas Baptists Missionary Application

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

Case 1:18-cv Document 1 Filed 10/06/18 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 8:19-cv Document 1 Filed 03/25/19 Page 1 of 31 PageID 1

University Synagogue Campus. Living Judaism Program Student Registration Information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case No.: Honorable Judge Commissioner. COMES NOW, the Plaintiff, LORIE JEAN KENDALL RICKS, individually and as

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Case 3:04-cv SC Document 158 Filed 11/09/2005 Page 1 of 5

Case 2:15-cv CJB-JCW Document 17-1 Filed 03/01/16 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

Case: 1:10-cv Document #: Filed: 05/11/12 Page 1 of 5 PageID #:2260

PlainSite. Legal Document. North Carolina Middle District Court Case No. 1:07-cv MCFADYEN et al v. DUKE UNIVERSITY et al.

On June 26, 2014, Waleed ( "Wally ") Hamed (referred to as "Counterclaim

Curtis L. Johnston Selman v. Cobb County School District, et al June 30, 2003

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. THOMAS C. and PAMELA McINTOSH

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY OF COOK, LAW DIVISION COMPLAINT AT LAW

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

: : : : : : : : : : : : : : : COMPLAINT. Doe 2 s next friend and parent, Doe 3; and Doe 3, Plaintiffs, by and through their attorneys

Case Doc 279 Filed 07/07/15 Entered 07/07/15 16:21:45 Desc Main Document Page 1 of 5 UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA

IN THE CIRCUIT COURT OF COOK COUNTY, LAW DIVISION COOK COUNTY, ILLINOIS

Page 1. Page 2. Page 4 1 (Pages 1 to 4) Page 3

FEB Upon consideration of the Motion to Proceed filed in the above cause, and. now being sufficiently advised in the premises,

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION THOMAS C. AND PAMELA MCINTOSH

MEMORANDUM. Interested Parishes in the Episcopal Diocese of Louisiana. From: Covert J. Geary, Chancellor of the Diocese

Case: 1:12-cv Document #: 580 Filed: 08/07/17 Page 1 of 7 PageID #:22687

The State of West Virginia, by and through its duly elected Attorney General, Patrick

Application Form for Ecclesiastical Endorsement for Professional Organizations

2:13-cv RMG Date Filed 08/15/17 Entry Number 83-1 Page 1 of 12

REPLY OF DISCOVERY INSTITUTE AND FOUNDATION FOR THOUGHT AND ETHICS TO PLAINTIFFS' RESPONSE TO AMICUS BRIEFS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL DIVISION MEMORANDUM OPINION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BLUEFIELD DIVISION : : : : : : : : : : : : : : : : : : : : : COMPLAINT

APPLICATION AGAPE ACADEMY

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

NO IN THE SUPREME COURT OF THE STATE OF HA WAil

Case 3:16-cv DJH-HBB Document 32-1 Filed 04/17/17 Page 1 of 27 PageID #: 327

Certified Teacher Application for Employment

IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH

Transcription:

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WEBMD HEALTH CORP. ) ) Plaintiff, ) ) v. ) C.A. No. 11-5827 ) ANTHONY T. DALE ) ) Defendant. ) DEFENDANT ANTHONY T. DALE S ANSWER TO PLAINTIFF S VERIFIED COMPLAINT Defendant Anthony T. Dale ( Mr. Dale ), by and through his undersigned counsel, hereby submits his Answer to Plaintiff s Verified Complaint, and states as follows: 1. Mr. Dale admits that he was a Group Vice President of WebMD, and that he recently joined Health Grades as a Senior Vice President. Mr. Dale denies that Health Grades is a direct competitor of WebMD. Mr. Dale denies the remaining allegations. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Mr. Dale admits that WebMD is a provider of online health information. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. {00976126 / 2}

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 2 of 8 7. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph, and therefore denies the same. 8. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph, and therefore, denies the same. 9. Mr. Dale admits that he was employed in a sales capacity at WebMD selling pharmaceutical and medical device internet advertising. Although his last day at WebMD was September 9, 2011, Mr. Dale denies he resigned that day. Mr. Dale submitted his letter of resignation and two weeks notice on August 26, 2011. Mr. Dale denies the remaining allegations. 10. Denied. 11. Denied. 12. Mr. Dale admits attending some meetings and training sessions. Mr. Dale denies the remaining allegations. 13. Mr. Dale denies he learned a treasure trove of information at any meeting or meetings. Mr. Dale further denies that any information he may have learned is of any value to his work in Health Grades Hospital Division, which is unrelated to pharmaceutical companies and medical device manufacturers that he worked with at WebMD. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. 14. Mr. Dale denies that the purported presentations and market research have anything to do with the Hospital Division in which Health Grades operates. Mr. Dale is without {00976126 / 2} - 2 -

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 3 of 8 information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. 15. Mr. Dale denies that the purported information has anything to do with the Hospital Division in which Health Grades operates. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. 16. Denied. 17. Mr. Dale denies that any information he may have received is related to Health Grades Hospital Division. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. 18. Denied. 19. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph and, therefore, denies the same. 20. The referenced document (Ex. 1 to Compl.) speaks for itself. Mr. Dale denies the remaining allegations. 21. Denied. 22. Denied. 23. Denied. 24. Mr. Dale admits that the referenced websites are Health Grades sites. Mr. Dale denies the remaining allegations. 25. Mr. Dale admits that his last day of employment at WebMD was September 9, 2011. Mr. Dale denies the remaining allegations. {00976126 / 2} - 3 -

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 4 of 8 26. Mr. Dale denies that WebMD markets directly to hospitals or that the products or services sold are similar to those offered by Health Grades. Furthermore, Mr. Dale states that he did not service hospitals for WebMD and that he never generated any revenue for WebMD by making sales, directly or indirectly, to hospitals. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. 27. Mr. Dale denies that the Hospital Division of Health Grades, of which he is a part, engages in the sort of online promotion described in paragraph 27. The referenced document speaks for itself. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations and, therefore, denies the same. 28. Denied. 29. Denied. 30. Denied. COUNT ONE BREACH OF CONTRACT 31. This is a general incorporation paragraph to which no response is required. Nevertheless, Mr. Dale incorporates the admissions, denials, and affirmative defenses set forth herein. 32. Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied. {00976126 / 2} - 4 -

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 5 of 8 COUNT TWO INEVITABLE DISCLOSURE OF TRADE SECRETS 37. This is a general incorporation paragraph to which no response is required. Nevertheless, Mr. Dale incorporates the admissions, denials, and affirmative defenses set forth herein. 38. Denied. 39. Denied. 40. Denied. 41. Denied. COUNT THREE UNFAIR COMPETITION 42. This is a general incorporation paragraph to which no response is required. Nevertheless, Mr. Dale incorporates the admissions, denials, and affirmative defenses set forth herein. 43. Denied. 44. Denied. 45. Denied. 46. Denied. 47. Denied. COUNT FOUR CONVERSION 48. This is a general incorporation paragraph to which no response is required. Nevertheless, Mr. Dale incorporates the admissions, denials, and affirmative defenses set forth herein. 49. Denied. {00976126 / 2} - 5 -

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 6 of 8 50. Mr. Dale is without information or knowledge sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph, and therefore denies the same. 51. Denied. 52. Denied. 53. Denied. 54. Denied. GENERAL DENIAL Mr. Dale denies each and every allegation set forth in the Verified Complaint not specifically admitted herein. AFFIRMATIVE DEFENSES In addition to the defenses stated above, Mr. Dale asserts the following affirmative defenses to Plaintiff s Verified Complaint: First Affirmative Defense Plaintiff s Verified Complaint fails to state a claim upon which relief may be granted. Second Affirmative Defense Plaintiff has failed to mitigate its damages, if any. Third Affirmative Defense Mr. Dale s conduct as it related to the Plaintiff was reasonable and taken in good faith. Fourth Affirmative Defense Plaintiff s claims are barred by the doctrines of estoppel, waiver, unclean hands, consent and/or ratification. {00976126 / 2} - 6 -

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 7 of 8 Fifth Affirmative Defense The restrictive covenant is unenforceable. Mr. Dale reserves the right to add additional defenses as appropriate upon completion of discovery. WHEREFORE, Defendant Anthony T. Dale respectfully requests that Plaintiff s Verified Complaint be dismissed with prejudice, that he be awarded his attorneys fees and costs incurred in this action, and respectfully requests such other relief as the Court deems just and proper. Dated this 29th day of September, 2011. Respectfully submitted, /s/ Richard M. Simins Richard M. Simins, Esquire (PA I.D. No. 57754) BUCHANAN INGERSOLL & ROONEY PC Two Liberty Place 50 South 16th Street, Suite 3200 Philadelphia, PA 19102 Tel: (215) 665-3873 Fax: (215) 665-8760 richard.simins@bipc.com Kris J. Kostolansky, Esquire (pro hac vice) David M. Hyams, Esquire ROTHGERBER JOHNSON & LYONS LLP 1200 17th Street, Suite 3000 Denver, CO 80202 Tel: (303) 623-9000 Fax: (303) 623-9222 kkosto@rothgerber.com dhyams@rothgerber.com Attorneys for Anthony Dale {00976126 / 2} - 7 -

Case 2:11-cv-05827-GP Document 12 Filed 09/29/11 Page 8 of 8 CERTIFICATE OF SERVICE I hereby certify that on September 29, 2011, I caused the foregoing Defendant Anthony T. Dale s Answer to Plaintiff s Verified Complaint to be filed using the Court s CM/ECF system, which will send e-mail notification of such filings to the following counsel of record. This document is available for viewing and downloading on the CM/ECF system. Diane Siegel Danoff, Esquire Jeffrey Edwards, Esquire Justin Danilewitz, Esquire DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, Pennsylvania 19104 s/ Richard M. Simins Richard M. Simins {00976126 / 2} - 8 -