PRICE PARKINSON & KERR, PLLC

David R. Parkinson (8258)

Ronald F. Price (5535)
Christopher B. Sullivan (11053)
5742 West Harold Gatty Drive
Salt Lake City, UT 84116
Telephone: (801) 530-2900
Facsimile: (801) 530-2959

Attorneys for Plaintiff

IN THE FOURTH JUDICIAL DISTRICT COURT

STATE OF UTAH, COUNTY OF UTAH

) MOTION FOR SUMMARY

iDrive Logistics, LLC ) JUDGMENT ON DEFENDANT’S
) THIRD CAUSE OF ACTION
Plaintiff,
) (TORTIOUS INTERFERENCE) AND
vs. ) FOURTH CAUSE OF ACTION
) (MISAPPROPRIATION OF TRADE
IntegraCore, LLC ) SECRETS)
)
Defendant. )
) Civil No. 130400386
)
) Judge: Fred D. Howard

Plaintiff iDrive Logistics, LLC (“iDrive”) respectfully submits the following Motion for

Partial Summary Judgment on Defendant’s Third Cause of Action (Tortious Interference) and

Fifth Cause of Action (Misappropriation of Trade Secrets).

iDrive is a company that assists clients in reducing transportation expenses with small

parcel carriers, i.e. Federal Express (“FedEx”), the United Parcel Service, Inc. (“UPS”), and the

United States Postal Service (“USPS”). Defendant IntegraCore, LLC (“IntegraCore”) provides

warehousing and fulfillment services for its customers. On January 13, 2011, iDrive and

IntegraCore entered into a contract captioned “Pricing Optimization and Audit Service
Agreement” (the “2011 Agreement.”). The dispute in this lawsuit arises from the 2011

Agreement.

In its Counterclaim, IntegraCore has asserted a claim for misappropriation of trade

secrets (fourth cause of action) and tortious interference (third cause of action). See

Counterclaim at ¶¶ 66 through 100. The Court should dismiss IntegraCore’s claim for

misappropriation of trade secrets because: 1) IntegraCore never communicated information to

iDrive that related to any specific customer; 2) all information communicated by IntegraCore to

iDrive, including carrier invoices, has been maintained as confidential; 3) no member of the

iDrive sales team had access to IntegraCore invoice data; and 4) IntegraCore cannot demonstrate

that any conduct of iDrive related to confidential information resulted in damage to IntegraCore.

Similarly, the Court should dismiss IntegraCore’s interference claim because: 1) no

confidential information related to Doterra as a client of IntegraCore was ever communicated to

iDrive; 2) iDrive never used confidential information of IntegraCore in any communication with

Doterra; 3) the 2011 Agreement does not contain any limitation on iDrive from pursuing any

client of IntegraCore; 4) iDrive voluntarily ceased communications with Doterra; 5) Doterra

remained a client of IntegraCore long after any communication with iDrive took place; and 5)

Doterra is not now, and has never been, a client of iDrive.

For these reasons, set forth more fully in the accompanying Memorandum in Support of

Motion for Partial Summary Judgment on Defendant’s Third Cause of Action (Tortious

Interference) and Fourth Cause of Action (Misappropriation of Trade Secrets), the Court should

dismiss IntegraCore’s third and fourth counterclaims with prejudice.

Page 2 of 4
DATED this 6th day of March, 2015.

/s/ David R. Parkinson

David R. Parkinson
Price Parkinson & Kerr, PLLC
Attorney for Plaintiffs

Page 3 of 4
 CERTIFICATE OF SERVICE

I hereby certify that on this 6th day of March, 2015, a true and correct copy of the foregoing
MOTION FOR SUMMARY JUDGMENT ON DEFENDANT’S THIRD CAUSE OF
ACTION (TORTIOUS INTERFERENCE) AND FOURTH CAUSE OF ACTION
(MISAPPROPRIATION OF TRADE SECRETS was served electronically via the Court’s
electronic filing portal to the following:

Jeffery S. Williams
NELSON CHRISTENSEN
HOLLINGWORTH & WILLIAMS
68 S. Main St., #600
Salt Lake City, UT 84101
Email: jeffw@nchwlaw.com

Bryan L. Quick
QUICK LAW, PC
9160 S. 300 W. Ste. 110
Sandy, UT 84097
Email: bryan@quicklawpc.com

Edwin C. Barnes
Aaron D. Lebenta
CLYDE SNOW & SESSIONS
201 South Main Street, 13th Floor
Salt Lake City, UT 84111
Email: ecb@clydesnow.com
adl@clydesnow.com

/s/ David R. Parkinson

David R. Parkinson

Page 4 of 4