UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION GENESYS CLOUD SERVICES, INC., ) ) Plaintiff, ) ) v. ) No. 1:19-cv-00695-TWP-MKK ) TALKDESK, INC., MICHAEL STRAHAN, ) RALPH MANNO, and MARK HERTEL, ) ) Defendants. ) ENTRY ON PLAINTIFF'S MOTION REGARDING SUPPORTING TESTIMONY FOR PUNITIVE DAMAGES For the reasons stated on the record during trial, Genesys's Motion Regarding Supporting Testimony for Punitive Damages (Filing No. 524) is granted. On the third day of trial, following the testimony of witnesses Alex Ball, Tiago Paiva, Janice Rapp, Shauna Geraghty, Jessica Lu, Jessica Coburn, Taylor Knudson, Mark Hertel, Danielle Morales, Mervyn Alamgir, Michael Strahan, Patricia Borme, Cory Sanders, Rebecca Green, and Jeremy York; Genesys requested that it be allowed to present evidence of Talkdesk's financial status for the purpose of providing punitive damages. Genesys seeks punitive damages as to its tort claims against Talkdesk: aiding and abetting a breach of the fiduciary duty of loyalty, civil conspiracy, tortious interference with contract, and raiding. Punitive damages may be awarded if a defendant's actions amount to willful and wanton misconduct or the defendant acted either maliciously, fraudulently, oppressively, or with gross negligence; and the defendant's actions were not the result of mistake of fact, an honest error of judgment, overzealousness, ordinary negligence, or other human failing. See Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135 (Ind. 1988); Harrison Mfg., LLC v. JMB Mfg., 2014 U.S. Dist. LEXIS 57782 (S.D. Ind. Apr. 25, 2014). Genesys 1s seeking punitive damages on its tort claims against only Defendant Talkdesk. The Court determines that sufficient evidence has been presented to the jury during trial to allow for punitive damages evidence to be offered. The evidence presented thus far to the jury includes email exhibits, deposition testimony, and live testimony regarding the activities of Talkdesk CEO Tiago Paiva, Talkdesk executive Shauna Geraghty; as well as Ralph Manno, Mark Hertel, and Michael Strahan while Manno, Hertel, and Strahan were still employees of Genesys. This evidence is sufficient to allow a jury to conclude that Talkdesk's actions were willful and wanton misconduct, or it acted either maliciously, fraudulently, oppressively, or with gross negligence; and its actions were not the result of mistake of fact, an honest error of judgment, overzealousness, ordinary negligence, or other human failing; such that Genesys could be entitled to punitive damages on its conspiracy, aiding and abetting, and interference, and raiding claims with respect to Ralph Manno’s employment agreement. Therefore, Genesys' Motion Regarding Supporting Testimony for Punitive Damages (Filing No. 524) is granted, and the Court will allow Genesys to offer evidence of Talkdesk's financial status for the limited purpose of punitive damages. SO ORDERED. Date: _3/3/2023 vonage Date Hon. Tanya Walton Pratt, Chief Judge United States District Court Southern District of Indiana Distribution: John R. Maley David S. Moreland BARNES & THORNBURG, LLP MEUNIER CARLIN & CURFMAN LLC jmaley@btlaw.com dmoreland@mcciplaw.com Kathleen M. Anderson John W. Harbin BARNES & THORNBURG, LLP MEUNIER CARLIN & CURFMAN LLC kathleen.anderson@btlaw.com jharbin@mcciplaw.com Thomas C. Payne Laken Adkins BARNES & THORNBURG, LLP MEUNIER CARLIN & CURFMAN LLC Thomas.Payne@btlaw.com ladkins@mcciplaw.com Fred Anthony Paganelli Lee Gerritt Hamilton PAGANELLI LAW GROUP MEUNIER CARLIN & CURFMAN LLC tony@tonypaganelli.com lhamilton@mcciplaw.com James P. Strenski Steven Matthew Philbin PAGANELLI LAW GROUP MEUNIER CARLIN & CURFMAN LLC jstrenski@paganelligroup.com sphilbin@mcciplaw.com Warren Thomas MEUNIER CARLIN & CURFMAN LLC wthomas@mcciplaw.com