0°3- 3-560
Case 1.09-cv-00290-GBL-IDD Document 54
Filed 10109/2009 Page 1 of 22
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
Skillstorm, Inc., d/b/a SGIS,
1
1
Plaintiff,
1
1
v.
1
Case No. 1:09cv290(GBL)
1
Electronic Data Systems, LLC
1
1
and
1
1
Ingenium Corporation,
1
1
Defendants.
1
MEMORANDUM OPINION
THIS MATTER is before the Court on Defendant Electronic Data
Systems, LLC's Motion to Dismiss (Dkt. No. 32) and Defendant
Ingenium Corporation's Motion to Dismiss (Dkt. No. 35). This
case concerns Plaintiff Skillstom Inc.'s claims that Defendants
conspired to remove Skillstorm from a government contract while
at the same time soliciting Skillstorm personnel. There are four
issues before the Court. The first issue is whether intentional
interference with contractual relations is sufficiently pled
where Skillstorm alleges that Defendants intentionally terminated
at-will purchase orders and solicited Skillstorm personnel. The
second issue is whether Skillstorm sufficiently states a
conspiracy claim where the unlawful conduct alleged includes
termination of at-will contracts and solicitation of personnel
working pursuant to purchase orders that do not contain no-
Case 1 :09-cv-00290-GBL-IDD Document 54
Filed 10/09/2009 Page 2 of 22
solicitation clauses. The third issue is whether defamation is
sufficiently pled where Skillstorm's allegations are based on
information and belief, The fourth issue is whether breach of
contract is properly pled where Skillstorm alleges that
Defendants violated an implied duty of fair dealing when they
terminated at-will purchase orders.
The Court grants Defendants' Motions to Dismiss. The
Court holds that the tortious interference with contractual
relations claims fail because Skillstorm pleads neither
intentional interference through improper methods nor damages.
Second, the Court holds that the common law and statutory
conspiracy claims are insufficiently pled because the conduct
comp