Athena Construction Group, Inc. v. William Smith, Iii; Re Construciton, LLC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1752
ATHENA CONSTRUCTION GROUP, INC.,
Plaintiff - Appellant,
v.
WILLIAM SMITH, III; RE CONSTRUCITON, LLC,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Anthony John Trenga, Senior District Judge. (1:21-cv-00396-AJT-TCB)
Submitted: September 28, 2022 Decided: October 14, 2022
Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Milton C. Johns, EXECUTIVE LAW PARTNERS, PLLC, Fairfax, Virginia,
for Appellant. Glenn A. Ellis, FREIWALD LAW, P.C., Philadelphia, Pennsylvania;
Catherine H. Dorsey, BARON & BUDD, P.C., Washington, D.C., for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Athena Construction Group, Inc., appeals the district court’s order dismissing its
complaint against William Smith, III, and RE Construction, LLC, alleging violations of the
Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the Virginia Computer Crimes Act, Va.
Code Ann. §§ 18.2-152.1 to 18.2-152.16 (2022), and the Virginia Uniform Trade Secrets
Act, Va. Code Ann. §§ 59.1-336 to 59.1-343 (2022), and asserting claims for business
conspiracy under Va. Code Ann. §§ 18.2-499, 18.2-500 (2022), and common law
conspiracy. We review de novo a district court’s order granting a motion to dismiss under
Fed. R. Civ. P. 12(b)(6), “accept[ing] the factual allegations in the complaint as true and
constru[ing] them in the light most favorable to the nonmoving party.” Rockville Cars,
LLC v. City of Rockville, 891 F.3d 141, 145 (4th Cir. 2018). To survive a motion to dismiss,
“a complaint must contain sufficient factual matter, accepted as true, to state a claim to
relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal
quotation marks omitted). We have thoroughly reviewed the parties’ briefs and the record
and conclude the district court did not err in dismissing the amended complaint for failure
to state a claim.
Accordingly, we affirm. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
AFFIRMED

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