United States District Court, D. Utah, Central Division
MEMORANDUM DECISION AND ORDER
A. KIMBALL, UNITED STATES DISTRICT JUDGE.
matter is before the court on Defendant XPO Logistics,
Inc.'s Motion to Dismiss pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure. On October 18, 2017, the
court held a hearing on the motion. At the hearing, Plaintiff
was represented by Brent A. Orozco, and Defendant was
represented by Robert H. Smeltzer and Vincent J. Velardo. The
court took the motion under advisement. After carefully
considering the parties' memoranda and the law and facts
relevant to the pending motion, the court issues the
following Memorandum Decision and Order.
Peterson worked for Defendant XPO until June 2015, when he
left to work for Leeway Global Logistics, LLC, one of
XPO's competitors in the third-party logistics business.
On September 26, 2015, XPO sued Leeway and Peterson in this
district, XPO Logistics, Inc. v. Leeway Global Logistics,
LLC, et al., No. 2:15cv703CW (“Underlying
Action”). XPO's Complaint in the Underlying Action
alleges that Peterson breached the confidentiality,
non-solicitation and non-competition covenants of his XPO
Employment Agreement. XPO also alleged that Peterson and
Leeway misappropriated XPO's trade secrets and that
Leeway tortiously interfered with Peterson's XPO
brought this action against XPO for defamation, tortious
interference, false light, injurious falsehood, and identity
theft in connection with the publication of emails by
XPO's counsel in the Underlying Action. On April 20,
2016, at a hearing on a motion to dismiss in the Underlying
Action, XPO's counsel referenced “unassailable
evidence from Mr. Peterson himself” that allegedly
implicated Peterson in targeting XPO's employees,
information, and customers in violation of his XPO Employment
Agreement. On April 29, 2016, XPO's counsel sent
Leeway's counsel an email, entitled “XPO v.
Leeway - Inadmissible FRE 408 Discussion,
” that contained an email purportedly sent from
Peterson to Josh Morin, dated April 19, 2016, and a reply
email purportedly sent back from Morin to Peterson the same
day. The first email that Peterson purportedly sent to Josh
As you are well aware we are in full swing with Hanjin.
MTD - 65 shipments for over 123, 000 in gross margin.
We are being pestered for a tracking application. Do you have
a go live date? I know we are waiting for Casey's
contract to end with XPO before we proceeded full speed
however I am wondering how much longer I can actually keep
them at bay. Did you and Casey A. Come to a conclusion about
a start date? Casey McKell is wanting to put some leads aside
for when Casey A comes on board full steam. Will you let
Casey M know how the conversation went on Friday with Casey
The response purportedly from Morin to Peterson that same day
I am ecstatic to hear Hanjin is working out well for ...