Del Monte also claims Chiquita tortiously interfered with Del Monte's business contracts and made intentional misrepresentations. The essence of Del Monte's complaint is that Kinnavy violated federal law, and breached her employment agreements by working for a competitor and e-mailing confidential information to a *809 third party. Next, Del Monte removed the case to this Court on the basis of diversity jurisdiction and amended its pleadings to include Chiquita as a defendant. Upon learning of Kinnavy's new employment, Del Monte sued Kinnavy in the Circuit Court of Cook County. After resigning, Kinnavy went to work for one of Del Monte's chief competitors: Chiquita Brands International. Kinnavy denies she used the files for commercial purposes or that the files contained confidential information.
CHIQUITA BANANA ACCOUNTING FRAUD CASE UPDATE
Two weeks before Kinnavy resigned, she used her laptop to e-mail herself files with the following titles: (a)Fuel surcharge: (b)Revised royal (c)Contract renewals (d) Pineapple update (e)Phone list (f) North American Customer Database 2005 (g) Fax List Old Machine (h) Fax ListIII-6-06 and (i) CUSTMAST.xls, Kinnavy also e-mailed a copy of the "Fax List" and the "Phone List" to Mike Elsen, a broker working in Phoenix Arizona. Del Monte gave its sales managersincluding Kinnavylaptop computers and access to Del Monte's customer database. As a sales manager, Kinnavy worked with customers who had banana supply contracts. Kim Kinnavy worked in the Illinois office of Del Monte as district sales manager from 1999 until she resigned in 2007. Chiquita's motion for summary judgment is GRANTED.įor such a complex case, the facts are quite simple. For the reasons set forth below, Kinnavy's motion for summary judgment is GRANTED in part and DENIED in part. Kinnavy and Chiquita deny the allegations and move for summary judgment pursuant to Federal Rule of Civil Procedure 56. Del Monte also alleges Chiquita committed various business torts. Adams, Meczyk Golberg, Chicago, IL, for Defendants.ĭel Monte Fresh Produce N.A., Inc., alleges its former employee Kim Kinnavy breached her confidentiality and non-compete agreement when she left Del Monte to work for Chiquita Brands International. Brenneman, Thompson Hine LLP, Cincinnati, OH, Gregory Robert James, Jr., Joseph Michael Gagliardo, Lindsy Ann Wilkerson, Thomas Stephen Bradley, Laner, Muchin, Dombrow, Becker, Levin & Tominberg, Ltd., Steven Joseph Roeder, Jordan Douglas Shea, Williams, Montgomery & John, Ltd., Joshua B. Robbins & Associates, Chicago, IL, for Plaintiff.ĭeborah S.
Hilbert, Barlow Kobata & Denis, Michael David Robbins, Michael D. 2d 805 (2009) DEL MONTE FRESH PRODUCE, N.A., INC., Plaintiff,ĬHIQUITA BRANDS INTERNATIONAL INC., and Kim Kinnavy, Defendants.