COUNTY OF BERKS v. OTIS ELEVATOR COMPANY

Justia Dockets & Filings Third Circuit Pennsylvania Eastern District COUNTY OF BERKS v. OTIS ELEVATOR COMPANY

COUNTY OF BERKS v. OTIS ELEVATOR COMPANY

Plaintiff:	COUNTY OF BERKS
Defendant:	OTIS ELEVATOR COMPANY
Case Number:	5:2015cv04862
Filed:	August 27, 2015
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Allentown Office
County:	Berks
Presiding Judge:	LAWRENCE F. STENGEL
Nature of Suit:	Other Contract
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
September 23, 2015	Filing 18 ORDER THAT THE PLAINTIFFS PETITION FOR SPECIAL RELIEF IS GRANTED. WITHIN TWENTY-FOUR (24) HOURS OF THE DATE OF THIS ORDER, DEFENDANT SHALL PRESENT TO PLAINTIFF ON THE 13TH FLOOR OF THE BERKS COUNTY SERVICES CENTER THE FOLLOWING MATERIALS: A FUNCTION ING OTIS MAINTENANCE TOOL CAPABLE OF SERVICING OTIS ELEVONIC 401 CONTROLLERS; ALL ELEVONIC 401 OWNERS MANUALS, SERVICE MANUALS AND SERVICE BULLETINS FOR THE TRACTION ELEVATORS, ALL OWNERS MANUALS, SERVICE MANUALS AND SERVICE BULLETINS FOR THE HYDRA ULIC ELEVATORS; ALL OMT OVERLAYS; ALL OMT MANUALS, OPERATING INSTRUCTIONS, AND CODES LISTS; AND ANY OTHER TOOLS OR MATERIAL NECESSARY TO SERVICE THE ELEVATORS IN THE SERVICES CENTER AND COURTHOUSE. IT IS FURTHER ORDERED THAT THE PLAINTIFF, ITS CON TRACTORS, SUBCONTRACTORS, AGENTS, CONSULTANTS, SUBCONSULTANTS, EXPERTS, VENDORS, AND/OR EMPLOYEES SHALL USE THE OMT ONLY AS NECESSARY TO FACILITATE THE PROPER MAINTENANCE AND SERVICING OF THE OTIS ELEVATORS CURRENTLY LOCATED IN THE SERVICES CENTER AN D COURTHOUSE, AND FOR NO OTHER BUSINESS, COMMERCIAL, COMPETITIVE, PERSONAL, OR OTHER PURPOSE. PRIOR TO THE USING THE OMT, THE PLAINTIFF SHALL HAVE ITS CONTRACTORS, SUBCONTRACTORS, AGENTS, CONSULTANTS, SUBCONSULTANTS, EXPERTS, VENDORS, AND/OR EMPLOYEE S EXECUTE THE AGREEMENT TO BE BOUND BY CONFIDENTIALITY AGREEMENT ATTACHED AS EXHIBIT A. THE COUNTY SHALL RETURN THE OMT TO THE DEFENDANT ONCE THE FINAL OTIS ELEVONIC 401 ELEVATOR IN THE SERVICES CENTER AND COURTHOUSE IS TAKEN OUT OF SERVICE AS PART O F AN ON-GOING MODERNIZATION PROJECT. IN THE EVENT THE OMT DOES NOT OPERATE FOR ANY REASON, THE DEFENDANT SHALL PROVIDE THE COUNTY WITH A REPLACEMENT OMT WITHIN TWO (2) BUSINESS DAYS. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/23/15. 9/23/15 ENTERED AND COPIES E-MAILED. (va, )

Date Filed

Document Text

September 23, 2015

Filing 18 ORDER THAT THE PLAINTIFFS PETITION FOR SPECIAL RELIEF IS GRANTED. WITHIN TWENTY-FOUR (24) HOURS OF THE DATE OF THIS ORDER, DEFENDANT SHALL PRESENT TO PLAINTIFF ON THE 13TH FLOOR OF THE BERKS COUNTY SERVICES CENTER THE FOLLOWING MATERIALS: A FUNCTION ING OTIS MAINTENANCE TOOL CAPABLE OF SERVICING OTIS ELEVONIC 401 CONTROLLERS; ALL ELEVONIC 401 OWNERS MANUALS, SERVICE MANUALS AND SERVICE BULLETINS FOR THE TRACTION ELEVATORS, ALL OWNERS MANUALS, SERVICE MANUALS AND SERVICE BULLETINS FOR THE HYDRA ULIC ELEVATORS; ALL OMT OVERLAYS; ALL OMT MANUALS, OPERATING INSTRUCTIONS, AND CODES LISTS; AND ANY OTHER TOOLS OR MATERIAL NECESSARY TO SERVICE THE ELEVATORS IN THE SERVICES CENTER AND COURTHOUSE. IT IS FURTHER ORDERED THAT THE PLAINTIFF, ITS CON TRACTORS, SUBCONTRACTORS, AGENTS, CONSULTANTS, SUBCONSULTANTS, EXPERTS, VENDORS, AND/OR EMPLOYEES SHALL USE THE OMT ONLY AS NECESSARY TO FACILITATE THE PROPER MAINTENANCE AND SERVICING OF THE OTIS ELEVATORS CURRENTLY LOCATED IN THE SERVICES CENTER AN D COURTHOUSE, AND FOR NO OTHER BUSINESS, COMMERCIAL, COMPETITIVE, PERSONAL, OR OTHER PURPOSE. PRIOR TO THE USING THE OMT, THE PLAINTIFF SHALL HAVE ITS CONTRACTORS, SUBCONTRACTORS, AGENTS, CONSULTANTS, SUBCONSULTANTS, EXPERTS, VENDORS, AND/OR EMPLOYEE S EXECUTE THE AGREEMENT TO BE BOUND BY CONFIDENTIALITY AGREEMENT ATTACHED AS EXHIBIT A. THE COUNTY SHALL RETURN THE OMT TO THE DEFENDANT ONCE THE FINAL OTIS ELEVONIC 401 ELEVATOR IN THE SERVICES CENTER AND COURTHOUSE IS TAKEN OUT OF SERVICE AS PART O F AN ON-GOING MODERNIZATION PROJECT. IN THE EVENT THE OMT DOES NOT OPERATE FOR ANY REASON, THE DEFENDANT SHALL PROVIDE THE COUNTY WITH A REPLACEMENT OMT WITHIN TWO (2) BUSINESS DAYS. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/23/15. 9/23/15 ENTERED AND COPIES E-MAILED. (va, )

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Plaintiff: COUNTY OF BERKS
Represented By:	JENNIFER J. HANLIN
Represented By:	RONALD L. WILLIAMS
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Defendant: OTIS ELEVATOR COMPANY
Represented By:	REGINA COHEN
Represented By:	JOHN J. O'DONNELL
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