The defendants brought a motion for summary judgment seeking dismissal of a claim alleging breach of restrictive covenants, fiduciary duties, and misuse of confidential information after a former employee joined a competitor.
The court held that the employee did not occupy a fiduciary role and that the non‑competition and non‑solicitation clauses in the employment agreement were unenforceable due to overbreadth and ambiguity.
The plaintiff failed to produce evidence supporting allegations that confidential information had been misused and sought discovery in the hope of uncovering evidence.
Applying the culture shift in summary judgment analysis articulated in Hryniak v. Mauldin, the court held that requiring discovery would amount to an impermissible fishing expedition and that the matter could be fairly determined on the existing record.
Summary judgment was granted and the action dismissed.
