Advanced Fluid Systems, Inc. v. Huber et al
| Advanced Fluid Systems, Inc. |
| Kevin Huber, INSYSMA, Livingston & Haven, LLC, Clifton B. Vann, IV, Thomas Aufiero and Orbital Sciences Corporation |
| 1:2013cv03087 |
| December 24, 2013 |
| U.S. District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| York |
| Christopher C. Conner |
| Other Fraud |
| 15 U.S.C. ยง 1125 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
429
ORDER (memorandum filed previously as separate docket entry) - SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 2/4/2021. (mw)
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Filing
399
ORDER (Memorandum 398 filed previously as separate docket entry) re: parties' post-trial motions 346 , 347 , 350 & 394 - It is hereby ORDERED that: 1. Motion 346 by defts Huber & Integrated Systems & Machinery, LLC, to amend ct's findings & jdgmt... or for new trial is DENIED.; 2. Motion 347 by pltf to amend conclusion of law as to Livingston defts' misappropriations to permit award of cnsl is DENIED.; 3. Motion 350 by Livingston defts for new trial or relief from j dgmt... or to amend ct's jdgmt, findings & conclusions... is DENIED.; 4. Livingston defts' motion 394 to amend pleadings to conform to evidence is DENIED.; 5. Clrk of Ct directed to mail a copy of memo 398 & this order to Livingston defts' former cnsl Atty Morin.; 6. Atty Morin shall remit to Clrk of Ct w/in 30 days of date of this order the pro hac vice admission fee of $50.... (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/5/19. (ki)
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Filing
379
ORDER granting in part & denying in part Livingston defts' motion 369 375 - 1. Livingston defts' motion GRANTED to following extent: a. Execution & all other proceedings to enforce 3/6/18 jdgmt entered against Livingston defts in acti on STAYED pending resolution of parties' post-trial mots & any appeals therefrom; b. Livingston defts shall file w/ Clrk of Ct the fully-executed irrevocable standby ltr of credit w/in 48 hours of filing of this order.; 2. AFS's motion [370 ] to pursue enforcement proceedings by transferring jdgmt, taking discovery in aid of execution, & beginning execution proceedings against Livingston defts DENIED w/out prejudice to refiling of same in event the jdgmt is sustained following post-trial motion practice & any appeal therefrom. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/14/18. (ki)
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Filing
333
ORDER granting pltf AFS's motion 331 for judicial approval of certain costs for inclusion in its bill of costs - ct approves cost of videotaping depos of 6 Livingston & Haven wits in total amt of $2,180 and cost of enlarging 2 demonstrative exhibits used during trial in total amt of $212.56. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/16/18. (ki)
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Filing
329
ORDER & JUDGMENT (Memorandum 328 filed previously as separate docket entry) -1. JUDGMENT ENTERED as follows: a. Jdgmt in favor of AFS & againsd defts Huber, Integrated Systems, Livingson, Vann & Aufiero on AFS's claim for misappropriation of t rade secrets., b. Jdgmt in favor of AFS & against Huber on AFS's claim for breach of fiduciary duty, c. Jdgmt in favor of AFS & against Livingston & Vann on AFS's claim for aiding & abetting breach of fiduciary duty, d. Jdgmt against AFS & in favor of Aufiero on AFS's claim for aiding & abetting breach of fiduciary duty.; 2. AFS is awarded damages as follows: a. Compensatory damages in amt of $1,096,009, to be paid J&S by Huber, Integrated Systems, Livingston, Vann & Aufiero, b. Exemplary damages in amt of $1,000,000 against Huber individually, & c. Punitive damages in amt of $1,000,000, J&S, against Huber, Livingston & Vann.; 3. Any motion for atty's fees must be made w/in 14 days of date of this order... (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 3/6/18. (ki)
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Filing
280
ORDER denying AFS's motion 250 for sanctions against Huber & INSYSMA, & clarifying & amending Para 1 of stipulated order 63 of 5/22/14 w/ ct's alterations ID'd in italics... (see Para 2 of this order for specifics), & directing Hu ber & INSYSMA to exercise best efforts to come into compliance w/ stip order 63 as clarified in advance of 9/18/17 trial but in any event no later than 14 days after conc of trial w/ cnsl for AFS, INSYSMA & Huber to meet & confer & use best efforts to comply w/ instant order in manner acceptable to all parties & forensically verifiable. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/8/17. (ki)
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Filing
265
ORDER - It is hereby ORDERED that the Livingston defts' request 247 @ 6-7 that court apply either NC or VA law to AFS's common law claims is DENIED. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/30/17. (ki)
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Filing
237
ORDER (Memorandum 236 filed previously as separate docket entry) - It is hereby ORDERED that: 1. AFS' MSJ 156 on its affirm claims GRANTED as to ists misappropriation claims against Humber & Integrated Systems but DENIED in all other respect s.; 2. AFS' MSJ 159 on Integrated's counterclaims is GRANTED.; 3. Integrated's MSJ 171 GRANTED as to AFS' claim for aiding & abetting breach of fiduciary duty but DENIED in all other respects.; 4. Livingston defts' MSJ [ 175] is DENIED.; 5. Entry of jdgmt... DEFERRED pending trial...; 6. AFS' claims for violations of Computer Fraud & Abuse Act and Lanham Act, tortious interference w/ contract & prospective contractual relations, unjust enrichment, common law unf air competition, conversion & common law conspiracy deemed WITHDRAWN.; 7. Parties directed to meet & confer w/ undersigned's ctrm deputy to develop appropriate schedule for further proceedings & by 6/21/17 submit to ct jt prop pretrial/trial schedule specifically id'ng length of trial or if unable to agree to submit indiv prop scheds for ct's consideration. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/6/17. (ki)
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Filing
134
ORDER - It is hereby ORDERED that: 1. AFS's motion for partial sum jdgmt 81 is DENIED w/out prejudice to refile said motion followin close of discovery.; 2. AFS's motion to strike or deem admitted 118 is DENIED as MOOT.; 3. AFS's motion to strike or deem admitted 120 is DENIED as MOOT.; 4. Suspensions of discovery imposed by stips/orders 100 , 106 & 108 LIFTED...; 5. Parties shall forthwith meet & confer & submit to ct revised pretrial schedul...; 6. Revised pretrial schedule will issue by separate order. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 4/15/15. (ki)
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Filing
67
ORDER (Memorandum 66 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Motion 32 by Orbital Sciences Corp DENIED as MOOT.; 2. Motion 28 by L&H, Vann and Aufiero GRANTED in part & DENIED in part to following extent... ( see Paras 2a-d for specifics).; 3. Motion 33 by Huber & INSYSMA GRANTED in part & DENIED in part to following extent... (see Paras 3a-c for specifics).; 4. Following claims dismissed w/ prejudice... (see Paras 4a-b for specifics).; 5. Following cla ims dismissed w/out prejudice... (see Paras 5a-d for specifics).; 6. Pltf gr'd leave to amend claims dismissed in Para 5 above w/in 20 days of date of this order & if fails to file amended pleading w/in that time the claims id'd in Para 5 s hall be dismissed w/ prejudice.; 7. Parties DIRECTED to meet & confer re: prop pretrial schedule inc discovery & Rule 56 motions ddls & jtly file same w/ ct w/in 20 days of date of this order. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 6/18/14. (ki)
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Filing
54
MEMORANDUM re dfts' motions to dismiss 28 , 32 and 33 (Order filed as separate docket entry 53 ) Signed by Chief Judge Christopher C. Conner on 05/07/14. (ma)
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