3Com Corp. v. Electronic Recovery Specialists, Inc.

MEMORANDUM OPINION AND ORDER

MORAN, Senior District Judge.

Plaintiff 3Com Corporation, as successor to U.S. Robotics, Inc. (USR), brings this diversity action against defendants Electronic Recovery Specialists, Inc. (ERS), Davis Gilbert (Gilbert) and Leonard Caldwell (Caldwell), alleging various violations of contract, tort, and state statutory law. ERS and Gilbert 1 have moved to dismiss all but one of plaintiffs claims and to curtail plaintiff’s ability to recover punitive damages and prejudgment interest. For the reasons set forth below, defendants’ motion is granted in part and denied in…