Fill and Sign the Motion for Summary Judgment or in the Alternative Summary Form

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFF VS. NO. AND DEFENDANTS MOTION FOR SUMMARY JUDGMENT, OR, IN THE ALTERNATIVE, SUMMARY JUDGMENT AS TO DAMAGES COME NOW the Defendants, , ( ) and ( ), and pursuant to Rule 56, Mississippi Rules of Civil Procedure, request that this Court enter summary judgment against the Plaintiff, , ( ), and in support thereof would show the following: 1. The Mississippi Uniform Trade Secrets Act bars 's claim for alleged misappropriation of trade secrets against and because failed to either noti fy and of the alleged misappropriation or seek injunctive relief. Accordingly, and are entitled to summary judgment as a matter of law dismissing with prejudice the complaint filed herein by , as more specifically set forth in the Memorandum of Authorities in Support of Motion for Summary Judgment, or, in the Alternative, Summary Judgment as to Damages filed herewith. 2. Alternatively, there is no genuine issue of fact that bases its claim for damages on its alleged loss of gross profits a damage measure not cognizable under Mississippi law. and are, therefore, entitled as a matter of law to partial summary judgment i n their favor that is not entitled to recover loss of gross profits as damages. 3. The depositions of , through its president, , supports this Motion for Summary Judgment. Pertinent portions of the deposition of are attached hereto as Exhibit " ". WHEREFORE, PREMISES CONSIDERED, and request that this Court enter summary judgment in their favor, dismissing the complaint filed herein by , or, alternatively, enter partial summary judgment that is not entitled to recover loss of gross profits as damages. DATED: , . Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for By: _________________________ , Its Attorneys OF COUNSEL: CERTIFICATE OF SERVICE I, , do hereby certify that I have this day mailed by United States Mail, postage prepaid, a true and correct copy of the above and foregoing Motion for Summary Judgment to     , , , Mississippi. This the of , . ______________________________