Rivett Group, LLC v. Chelda, Inc.

MEMORANDUM OPINION

JACKSON L. KISER, Senior District Judge.

Before me is the Motion for Summary Judgment of Defendants Chelda, Inc. (“Chelda”) and Ham’s Restaurants, Inc. (“Ham’s”). The joint Motion has been thoroughly briefed by all parties, and I heard oral argument on September 17, 2009. This matter is now ripe for decision. For the reasons given below, I will GRANT the Motion for Summary Judgment with respect to Chelda but DENY the Motion with respect to Ham’s.

I. STATEMENT OF FACTS

Defendant Ham’s hired Defendant David Byers (“Byers”) on June 1, 2005, for Ham’s manager-in-training (“MIT”)…