PINE INSTRUMENT COMPANY et al v. CONTROLS USA, INC. et al
Plaintiff: PINE TEST EQUIPMENT, LLC and PINE INSTRUMENT COMPANY
Defendant: CONTROLS USA, INC. and GORDON BAKER
Case Number: 2:2014cv00094
Filed: January 22, 2014
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Mercer
Presiding Judge: Nora Barry Fischer
Nature of Suit: Racketeer Influenced and Corrupt Organizations
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

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Date Filed Document Text
April 1, 2014 Opinion or Order Filing 43 MEMORANDUM ORDER indicating that upon consideration of Pine's Amended Motion for a Preliminary Injunction 14 , Baker's Response 25 , Controls USA's Response 28 , the evidence and the parties arguments at evidentiary hearing on 2/19/ 14 33 and 2/24/14 35 , and for the reasons stated more fully herein, it is hereby ordered that Defendant Controls USA's Oral Motion for Expedited Discovery is GRANTED. Defendant Baker shall submit all of his electronic devices to Plaintiff f or a forensic examination, with the costs of initial testing and examination of his devices to be borne by Baker, as the Court finds that Baker is willing to have his devices forensically examined, and the Court did not find him to be entirely credib le as to his alleged use of the subject electronic data. Following the initial forensic examination, Baker may seek reallocation of costs by way of a Motion, supporting brief, and proposed Court Order. It is further ordered that the parties shall m eet and confer and file a joint discovery plan including a proposed forensic examination protocol for any remaining electronic devices or email accounts that may be at issue by no later than 4/15/14 at 12:00 PM. To the extent that the parties cannot reach agreement concerning the forensic examination of electronic devices or email accounts of Controls USA Directors, employees, or consultants, or the Controls s.r.l. employees who work on asphalt projects, the Court will appoint an e-discovery sp ecial master, with the costs to be allocated in three equal portions between Pine, Controls USA, and Baker. It is further ordered that Pine's Amended Motion for a Preliminary Injunction 14 shall be held in abeyance pending the results of the f orensic examinations and discovery between 4/15/15 and 7/15/14. It is finally ordered that additional electronic discovery may be ordered in this case following the results of the initial electronic discovery, once the Court receives the parties' proposal as outlined above. Signed by Judge Nora Barry Fischer on 4/1/14. (tql)
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Defendant: CONTROLS USA, INC.
Represented By: Katherine E. Koop
Represented By: Albert S. Lee
Represented By: Eileen H. Rumfelt
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Defendant: GORDON BAKER
Represented By: Michael J. Bruzzese
Represented By: Meagan F. Temple
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Plaintiff: PINE TEST EQUIPMENT, LLC
Represented By: Bryan G Baumann
Represented By: Julia M. Herzing
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Plaintiff: PINE INSTRUMENT COMPANY
Represented By: Julia M. Herzing
Represented By: Bryan G Baumann
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