Lvrc Holdings Llc V Brekka

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The district courtroom granted summary judgment in favor of Brekka. After dismissing the federal regulation claims, the district court declined to exercise supplemental jurisdiction over the remaining state law claims and dismissed the case. Before the district courtroom dominated on the motion, LVRC filed this appeal. We evaluation the district courtroom’s grant of a movement for abstract judgment de novo.

Lebanon Vex Robotics Competitors(lvrc)

Next, evidence that Brekka had accessed Plaintiff’s proprietary data via the LOAD web site utilizing the cbrekka password after his termination would suggest a violation of the CFAA. However, Plaintiff provided no admissibile proof that entry had been gained after his termination, i.e. when he was not authorized. In responding to a movement for abstract judgment, a party should respond with concrete evidence and cannot rely on “mere hypothesis[.]” O.S.C. Corp. v. Apple Computer, Inc., 792 F.second 1464, 1467 (9th Cir. 1986). If they were made earlier than Brekka’s employment was terminated, then he was licensed to entry the LOAD web site. Plaintiff’s failure to answer the movement with concrete non-speculative evidence as to the timing of the alleged unauthorized entry is fatal to its claim.

  • Second, its professional discovered proof that Brekka’s laptop had accessed the LOAD site using his cbrekka password at unspecified times.
  • Furthermore, the computer systems contained e-mails that had been forwarded from Brekka’s LVRC e-mail account to his private e-mail account.
  • These documents included a financial assertion for the company, LVRC’s advertising finances, admissions stories for sufferers at Fountain Ridge, and notes Brekka took from a meeting with one other Nevada mental well being provider.
  • We review the district court’s grant of a movement for summary judgment de novo.
  • We is not going to reverse a district courtroom’s grant of abstract judgment except the get together opposing the summary judgment motion has recognized the evidence establishing a real concern of material fact in its opposition to abstract judgment.

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