Deep Blue Marine v. Krajewski [1]

Summary

Threat Type:

Lawsuit

Date:

05/20/2008

Status:

Concluded

Disposition:

Dismissed (total)

Injunction Issued

Location:

Utah

Verdict or Settlement Amount:

N/A

Legal Claims:

Breach of Contract

Defamation

False Light

Tortious Interference

Trade Secrets

Unfair Competition

Deep Blue Marine, its CEO Wilf Blum, and Alexander Lindale LLC sued former Deep Blue operations manager Edward Krajewski after Krajewski criticized the plaintiffs and allegedly disclosed Deep Blue proprietary information on several online investor forums. The plaintiffs sought an injunction in Utah federal court... read full description

Parties

Party Receiving Legal Threat:

Edward Krajewski; John Does 1 - 10

Type of Party:

Individual

Organization

Type of Party:

Individual

Location of Party:

Utah
Nevada

Location of Party:

Pennsylvania

Legal Counsel:

Kenneth R. Ivory

Legal Counsel:

Pro se

Description

Deep Blue Marine [2], its CEO Wilf Blum, and Alexander Lindale LLC sued former Deep Blue operations manager Edward Krajewski after Krajewski criticized the plaintiffs and allegedly disclosed Deep Blue proprietary information on several online investor forums. The plaintiffs sought an injunction in Utah federal court against Krajewski to prevent him from posting any further criticism or materials. They also brought claims for defamation, false light, intentional interference with economic advantage, breach of contract (including publication of trade secrets), and breach of convenant of good faith.

In May 2008, Deep Blue moved [3] for a temporary restraining order and preliminary injunction against Krajewski. The court decided the motion ex parte after satisfying itself that Krajewski had received notice of the hearing. It granted [4] the motion, issuing an order prohibiting Krajewski from

publishing statements concerning trade secrets, confidential, and/or proprietary information of Deep Blue . . . , including but not limited to methods, processes, discussions, plans, techniques, equipment, locations, discoveries, recovered materials, research projects, sources of supplies, financial data and marketing, contract amounts and/or salaries, corporate income, disbursements, expenditures, and/or merchandising systems or plans of Deep Blue; and

publishing false and/or defamatory statements regarding Deep Blue Marine, Wilf Blum, and/or Alexander Lindale, and/or their agents, employees or affiliates.

In July 2008, Krajewski, acting pro se, filed a motion for an extension of time to file a brief. He also submitted an affidavit explaining that he lacked sufficient financial resources to litigate the case in Utah and requesting that the court transfer the case to Pennsylvania, his home state. On July 22, the court denied the motion for an extension of time to file a brief, noting that Krajewski did not identify what motion he would be addressing and that no motions were currently pending. The court added that Krajewski could inititiate a motion and file a brief in accordance with the Federal Rules of Civil Procedure and the local rules.

Update:

1/15/2009 - Action dismissed without prejudice subject to parties' settlement agreement

Details