MXR Imaging, Inc. v. Zavagno
| Ohio Northern District Court | |
| Judge: | Donald C Nugent |
| Case #: | 1:24-cv-01269 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(b) Civil Action to Protect Trade Secrets |
| Case Filed: | Jul 25, 2024 |
| Last checked: Tuesday Jan 21, 2025 3:29 AM EST |
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Counter-Claimant
David Zavagno
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Represented By
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Counter-Defendant
MXR Imaging, Inc.
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Represented By
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Defendant
David Zavagno
5852 Glasgow Lane
Solon, OH 44139 |
Represented By
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Plaintiff
MXR Imaging, Inc.
4909 Murphy Canyon Road Suite 120
San Diego, CA 92123 |
Represented By
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GPO
Mar 06 2025
Memorandum Opinion and Order. Defendant's 10 Motion for partial judgment on the pleadings is granted in part and denied in part. The Motion of Defendant David Zavagno for Partial Judgment on the Pleadings pursuant to Fed. R. Civ. P. 12(c) (ECF #10) is denied as to Counts 1 and 2 (breach of contract), count 3 (unjust enrichment), count 6 (unfair competition), and count 7 (tortious interference with business relations). The Motion is granted as to Plaintiff's defamation claim (Count 9). Plaintiff is given leave to amend its complaint should it wish to re-state its defamation claim with the required specificity. Any amended complaint must be filed by March 24, 2025. IT IS SO ORDERED. Judge Donald C. Nugent on 3/6/2025. (M,S) |
| Docket last updated: 05/26/2025 11:59 PM EDT |
| Monday, May 12, 2025 | ||
| 29 | 29
resp
Opposition
Mon 05/12 5:03 PM
Opposition to28 Motion for partial judgment on the pleadings filed by David Zavagno. (Butscha, Mark) |
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| Friday, April 11, 2025 | ||
| 28 | 28
motion
Judgment on the Pleadings
Fri 04/11 9:08 AM
Motion for judgment on the pleadings filed by Plaintiff MXR Imaging, Inc.. Related document(s)7 . (Harris, Paul) |
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| Tuesday, April 01, 2025 | ||
| 27 | 27
notice
Notice of Service (atty event)
Tue 04/01 8:55 AM
Notice of Service of Subpoena to RSM US, LLC c/o John Zalick filed by MXR Imaging, Inc..(Harris, Paul) |
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Att: 1
Exhibit A - Affidavit of Service
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| Tuesday, March 11, 2025 | ||
| 26 | 26
1
pgs
order
Order on Motion for leave
Tue 03/11 8:31 AM
Marginal Entry Order granting Defendant's Motion for leave to File Notice of Substitution of New Counsel and Withdrawal of Counsel of Record . Judge Donald C. Nugent on 3/10/2025. (M,S) |
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| Monday, March 10, 2025 | ||
| 25 | 25
motion
Leave
Mon 03/10 3:33 PM
Motion for leave to File Notice of Substitution of New Counsel and Withdrawal of Counsel of Record filed by Defendant David Zavagno. (Ware, Robert) |
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| Thursday, March 06, 2025 | ||
| 24 | 24
14
pgs
order
Memorandum Opinion and Order
Thu 03/06 4:02 PM
Memorandum Opinion and Order . Defendant's10 Motion for partial judgment on the pleadings is granted in part and denied in part. The Motion of Defendant David Zavagno for Partial Judgment on the Pleadings pursuant to Fed. R. Civ. P. 12(c) (ECF #10 ) is denied as to Counts 1 and 2 (breach of contract), count 3 (unjust enrichment), count 6 (unfair competition), and count 7 (tortious interference with business relations). The Motion is granted as to Plaintiff's defamation claim (Count 9). Plaintiff is given leave to amend its complaint should it wish to re-state its defamation claim with the required specificity. Any amended complaint must be filed by March 24, 2025. IT IS SO ORDERED. Judge Donald C. Nugent on 3/6/2025. (M,S) |
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| Tuesday, February 18, 2025 | ||
| 23 | 23
minutes
~Util - Terminate Motions Protective Order
Tue 02/18 10:56 AM
Stipulated Protective Order and Confidentiality Agreement. re22 . Judge Donald C. Nugent on 2/18/2025. (M,S) |
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| Monday, February 17, 2025 | ||
| 22 | 22
motion
Protective Order
Mon 02/17 2:05 PM
Joint Motion for protective order filed by Plaintiff MXR Imaging, Inc.. (Harris, Paul) |
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| Tuesday, February 04, 2025 | ||
| 21 | 21
order
Stipulation & Order
Tue 02/04 11:33 AM
Stipulation & Order re19 Joint Protocol Governing Discovery of Documents and Electronically Stored Information. Judge Donald C. Nugent on 2/4/2025. (M,S) |
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| 20 | 20
minutes
Status Conference
Tue 02/04 9:59 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Status Conference held on 2/4/2025 with all counsel participating. Court to rule on pending Partial Summary Judgment. Document exchanges have commenced, protective order to be filed, and several depositions. Fact Discovery extended to 9/1/2025. Next Status Conference set for 7/16/2025 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel instructed to first initiate a call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
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| Monday, February 03, 2025 | ||
| 19 | 19
oth_doc
Proposed Order
Mon 02/03 5:00 PM
Proposed Order for Stipulated Joint Protocol Governing Discovery of Documents and Electronically Stored Information filed by MXR Imaging, Inc.. (Harris, Paul) |
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| Tuesday, January 21, 2025 | ||
| 18 | 18
1
pgs
order
Order on Motion for protective order
Tue 01/21 9:08 AM
Order denying Defendant's Motion for Protective Order . Discovery shall proceed unhindered. Judge Donald C. Nugent on 1/17/2024. (M,S) |
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| Thursday, January 16, 2025 | ||
| 17 | 17
resp
Reply
Thu 01/16 11:44 AM
Reply in Support of His Motion for a Protective Order filed by David Zavagno. (Wallach, Mark) |
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| Thursday, January 09, 2025 | ||
| 16 | 16
resp
Opposition
Thu 01/09 3:08 PM
Opposition to13 Motion for Protective Order filed by MXR Imaging, Inc..(Harris, Paul) |
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Att: 1
Exhibit Motion for Protective Order Email Chain,
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Att: 2
Exhibit Discovery Requests Email Chain,
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Att: 3
Exhibit Chart Demonstrating Relevance of Subject Discovery Requests
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| Monday, January 06, 2025 | ||
| 15 | 15
1
pgs
order
Order on Motion for extension of time to file response/reply to motion
Mon 01/06 11:58 AM
Marginal Entry Order granting Plaintiff's14 Motion for extension of time until 01/09/2025 to file response/reply to13 Motion for Protective Order. Judge Donald C. Nugent on 1/6/2025. (M,S) |
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| Tuesday, December 31, 2024 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply to Motion
Tue 12/31 11:50 AM
Motion for extension of time until 01/09/2025 to file response/reply to13 Motion for Protective Order filed by Plaintiff MXR Imaging, Inc., Counter-Defendant MXR Imaging, Inc.. Related document(s)13 . (Harris, Paul) |
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| Thursday, December 19, 2024 | ||
| 13 | 13
motion
Protective Order
Thu 12/19 4:37 PM
Motion for protective order filed by Defendant David Zavagno, Counter-Claimant David Zavagno.(Wallach, Mark) |
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Att: 1
Exhibit - A - First Set of Discovery Requests,
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Att: 2
Exhibit - B - Discovery Requests Subject to Protective Order
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| Thursday, December 05, 2024 | ||
| 12 | 12
resp
Reply
Thu 12/05 4:52 PM
Reply in support of10 Motion for Partial Judgment on the Pleadings filed by David Zavagno. (Wallach, Mark) |
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| Thursday, November 21, 2024 | ||
| 11 | 11
resp
Opposition
Thu 11/21 5:01 PM
Opposition to10 Motion for Partial Judgment on the Pleadings filed by MXR Imaging, Inc.. (Harris, Paul) |
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| Tuesday, October 22, 2024 | ||
| 10 | 10
11
pgs
motion
Order
Tue 10/22 11:47 AM
Motion for Partial Judgment on the Pleadings filed by Counter-Claimant David Zavagno, Defendant David Zavagno. (Wallach, Mark) |
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| Monday, October 21, 2024 | ||
| 9 | 9
oth_ans
Answer
Mon 10/21 8:59 PM
Answer to Counterclaim filed by MXR Imaging, Inc.. Related document(s)7 . (Maib, Jack) |
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| Thursday, October 10, 2024 | ||
| 8 | 8
minutes
Case Management Conference
Thu 10/10 10:33 AM
Minutes of proceedings before Judge Donald C. Nugent. Telephonic Case Management Conference held on 10/10/2024. Case is assigned to the standard track. Non-Expert Discovery due by 6/1/2025. Status Conference set for 2/4/2025 at 08:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel instructed to first initiate a call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
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| Monday, September 30, 2024 | ||
| 7 | 7
answer
Answer to Complaint Counterclaim
Mon 09/30 4:19 PM
Answer to1 Complaint, with Jury Demand , Counterclaim against MXR Imaging, Inc. filed by David Zavagno. (Wallach, Mark) |
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| Friday, September 27, 2024 | ||
| 6 | 6
notice
Report of Parties Planning Meeting (atty event)
Fri 09/27 2:25 PM
Joint Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by MXR Imaging, Inc.. (Harris, Paul) |
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| Tuesday, September 03, 2024 | ||
| 5 | 5
order
Case Management Conference Scheduling Order
Tue 09/03 10:02 AM
Case Management Conference Scheduling Order with case management conference on 10/10/2024 at 09:15 AM to be held telephonically before Judge Donald C. Nugent. Counsel instructed to first initiate a call with all parties connected and then contact the Court. Judge Donald C. Nugent on 9/3/2024. (M,S) |
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| Wednesday, July 31, 2024 | ||
| 4 | 4
service
Waiver of Service Executed
Wed 07/31 9:39 AM
Waiver of Service Returned Executed by MXR Imaging, Inc.. David Zavagno waiver sent on 7/30/2024, answer due 9/30/2024 filed on behalf of MXR Imaging, Inc. (Maib, Jack) |
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| Thursday, July 25, 2024 | ||
| 3 | 3
oth_evt
Summons Issued
Thu 07/25 2:02 PM
Original Summons and Magistrate Consent Form issued to counsel for service upon David Zavagno. (F,AW) |
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Att: 1
Magistrate Consent Form
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| 2 | 2
notice
Corporate Disclosure Statement (atty event)
Thu 07/25 1:44 PM
Corporate Disclosure Statement filed by MXR Imaging, Inc.. (Maib, Jack) |
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| 1 | 1
22
pgs
cmp
Complaint
Thu 07/25 1:39 PM
Complaint for Damages and Other Relief against David Zavagno. Filing fee paid $405.00, receipt number AOHNDC-12662975. Filed by MXR Imaging, Inc. (Harris, Paul) |
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Att: 1
Exhibit A - Asset Purchase Agreement,
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Att: 2
Exhibit B - Employment Agreement,
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Att: 3
Exhibit C - Separation Agreement,
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Att: 4
Exhibit D - Carve Out Products,
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Att: 5
Exhibit E - Cease and Desist Letter,
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Att: 6
Civil Cover Sheet,
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Att: 7
Summons
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utility
Add and Terminate Judge
Thu 07/25 2:00 PM
Judge Donald C. Nugent assigned to case. (F,AW) |
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oth_evt
Random Assignment of Magistrate Judge
Thu 07/25 2:01 PM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (F,AW) |
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