SAMUEL, SON & CO., INC. v. BEACH et al
| SAMUEL, SON & CO., INC. |
| ESMARK-EXCALIBUR LLC, ERIK BEACH and ERIC A. HOOVER |
| 1:2013cv00128 |
| May 7, 2013 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Crawford |
| Sean J. McLaughlin |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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Filing
91
MEMORANDUM ORDER indicating that, for reasons more fully stated within, it is hereby ordered that Plaintiff's Objections to the Report and Recommendation are overruled, in part and sustained, in part, and the Report and Recommendation 87 of th e Special Master is adopted as the Opinion of the Court, as clarified in this Order of Court; that Defendants Motion for Sanctions 80 is denied as follows: a. The specific relief sought in Defendants' Motion for Sanctions is denied but the C ourt orders alternative relief to Defendants; b. Within 7 days of this Order or by 10/16/14, Plaintiff shall provide Defendants the records of Plaintiff's communications and transactions with those customers identified in its Supplemental Resp onse to Interrogatory No. 5, except that Plaintiff shall not be required to produce communications and transactions that are not included in Plaintiff's 7/14/14 damages calculation. The time period for which such materials are to be produced is from 4/22/13 to 6/1/14; c. Defendant shall be provided with a 30 day period commencing on 10/16/14 and ending on 11/17/14, during which it will be permitted to engage in follow up discovery as to the communications and documents to be produced by Plaintiff under this Order; and, d. Because the specific relief requested by Defendants was denied, counsel fees will not be assessed against Plaintiff under Rule 37(b)(2)(C); that Plaintiff's Motion to Compel 82 is granted, in part, and den ied, in part, as follows: e. Plaintiff's Motion is denied as to the Group of 10 identified in Plaintiff's Supplemental Response to Defendant's Discovery Requests and in the 7/21/14 letter of Plaintiff's counsel; f. Plaintiff&# 039;s Motion is granted to the extent that Defendants are directed to produce Sales Acknowledgement Forms between Kasgro and Defendants within 7 days of this Order or by 10/16/14; and, g. Within 7 days of this Order or by 10/16/14, Plaintiff shall produce to Defendants records of the communications between Plaintiff and Kasgro for the period of time between 4/22/14 and 6/1/14; that the parties shall endeavor to promptly and fully comply will all aspects of this Court's Order and that no further fact discovery disputes will be entertained by the Court; and, that the Court will convene a telephonic post fact discovery status conference on 11/17/14 at 3:30 p.m. In advance of the conference, and by 11/10/14, the parties shall file a Jo int Status Report setting forth their agenda for the conference, to include: (a) a proposed expert discovery schedule; (b) a proposed schedule on the disposition of summary judgment motions; (c) whether the parties are interested in a second referral to the previously appointed ADR neutral and/or a settlement conference with a United States Magistrate Judge; and, (d) any other issues that counsel would like to bring to the Court at that time. Signed by Judge Nora Barry Fischer on 10/9/14. (jg)
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Filing
34
MEMORANDUM OPINION indicating that, for the reasons more fully stated in said Opinion, Plaintiff's Motion to Expedite Discovery 5 is granted; Plaintiff's Motion for Preliminary Injunction 6 is denied without prejudice; Defendants' Motion for Summary Judgment 20 is denied without prejudice; and Plaintiff's Motion to Deny or, in the Alternative, Defer Summary Judgment 25 is granted. The parties are directed to meet and confer as to the parameters of expedited discovery and file a joint proposed expedited discovery order on or before September 25, 2013 at 5:00 p.m. An appropriate order follows. Signed by Judge Nora Barry Fischer on 9/11/2013. (jdg)
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