LONG et al v. EQUICROSS, INC. et al
LONG HAULING & EXCAVATION, INC. and WILLIAM J. LONG, III |
EQUICROSS, INC. and AIRUS MEDIA, INC. |
1:2013cv00061 |
February 21, 2013 |
US District Court for the Western District of Pennsylvania |
Erie Office |
Erie |
Sean J. McLaughlin |
Contract: Other |
28 U.S.C. ยง 1332 Diversity-Other Contract |
Both |
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Filing 41 ORDER indicating that upon consideration of the Report and Recommendation of Chief Magistrate Judge Lisa Pupo Lenihan 38 , the Objections to same filed by Equicross, Inc. and Airus Media, Inc. ("Defendants") 39 , and the Brief in Oppositi on thereto filed by William J. Long, III and Long Hauling and Excavating, Inc. (collectively "Long") 40 , and after conducting a de novo review of the files on record as to the Motion to Enforce Injunction and Settlement Agreement filed by Defendants 29 , including the parties Settlement Agreement, ( 25 -1), the Stipulated Injunction and Order 27 , Defendants' Motion 29 , Long's Brief in Response 30 , and Defendants' Reply 34 , it is hereby ordered that, for reaso ns more fully stated in said Order, Defendants' Objections to the Report and Recommendation of Chief Magistrate Judge Lenihan 39 are overruled; that the Report and Recommendation of Chief Magistrate Judge Lisa Pupo Lenihan 38 is adopted as the Opinion of this Court, except that this Courts Order below will reflect a more precise disposition of Defendants Motion as granted, in part and denied, in part; that consistent with Chief Judge Lenihan's Report and Recommendation, Defendant s' Motion to Enforce Injunction and Settlement Agreement 29 is granted, in part, and denied, in part. Such Motion is granted to the extent that Long must provide a new draft Data Protocol from the Computer Consultant within 20 days of this Or der. Such Motion is denied to the extent that Defendants seek fees and costs associated with the filing and pursuit of enforcement of the settlement against Long and insofar as Defendants request that the duration of the restrictions set forth in Paragraphs 4 and 5 of the Settlement Agreement be extended. Signed by Judge Nora Barry Fischer on 4/9/14. (jg) |
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