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06-459 - SQUARE D COMPANY v. SCOTT ELECTRIC COMPANY et al


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06-459 - SQUARE D COMPANY v. SCOTT ELECTRIC COMPANY et al
November 14, 2007
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MEMORANDUM OPINION & ORDER re 70 MOTION for Sanctions and for Rule to Show Cause filed by SQUARE D COMPANY, 82 MOTION for Protective Order filed by GLOBE ELECTRIC SUPPLY COMPANY INC. indicating that Plaintiffs Motion for Rule to Show Cause and for Sanctions (DE 70) is granted in part and denied in part, but, as to the Courts decision to grant said motion, the Court awards relief different than that requested by the Plaintiff. As an initial matter, the Court holds Defendant Globe to be in contempt of the August 21, 2006 Agreed Consent Order. The Court grants the motion to the extent that it seeks the following relief and that it has not been provided to date and thus the Court orders the following: Defendant Globe shall (1) within ten (10) days of this Order, produce all purchase and sales records, including purchase orders, invoices, remittance advices, shipping records, and other documents, relating to or otherwise reflecting its purchases and sales of Square D circuit breakers from January 1, 2003 through the present; and (2) within thirty (30) days of this Order, submit to an inspection by Square D (including its attorneys), at Globes expense, of its inventory of Square D circuit breakers as well as Globes offices, warehouses, storage containers or facilities where Square D circuit breakers are or may be located, and also submit to a forensic inspection of its computer systems which records its purchases and sales of Square D products and its inventory of such products, with such inspection to be incurred at Globes sole expense and cost. The Court further grants the motion to the extent that it seeks reasonable attorneys fees and costs and the Court orders Defendant Globe to pay, within fourteen (14) days of this Order, to Plaintiff Square D its reasonable attorneys fees and costs in the amount of $34,597.25. Finally, the Court denies, without prejudice, the motion to the extent that it seeks a monetary sanction in the amount of $75,000; that Defendant Globes Motion for Protective Order (DE 82) is denied in all respects. Signed by Judge Nora Barry Fischer on 11/14/07. (jg) Modified on 11/15/2007 to correct typo (ksa).
January 28, 2008
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ORDER granting 105 Plaintiff SQUARE D COMPANY's Motion for Partial Summary Judgment as to Damages against Defendant EDWARD VAUGHT d/b/a ABN DIRECT; granting 121 Defendant SCOTT ELECTRIC COMPANY's Motion for Partial Summary Judgment as to Damages against Defendant EDWARD VAUGHT d/b/a ABN DIRECT. Appropriate Orders to follow. Signed by Judge Nora Barry Fischer on 1/28/08.(jg)
February 14, 2008
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MEMORANDUM ORDER indicating that based on the the reasons stated more fully in said Order, and in light of the Supreme Court's recent ruling in Bell Atlantic Corporation, --- U.S. ---, 127 S.Ct. 1955 as well as the Third Circuit's interpretation of Bell Atlantic in Phillips, 2008 WL 305025, at *2-7, the Court grants Square D Company's Motion to Dismiss Globe Electric's Counterclaims 133 but, because the Court is unable to say (at this point) that Defendant Globe's proposed counterclaims are futile, the Court grants Defendant Globe leave to amend and re-file its counterclaims within thirty (30) days of this Order. See Shane v. Fauver, 213 F.3d 113, 116 (3d Cir. 2000) (providing that in the event that a complaint fails to state a claim, district court should allow amendment unless to do so would be futile). Signed by Judge Nora Barry Fischer on 2/14/08. (jg)
April 25, 2008
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MEMORANDUM ORDER, for the reasons more fully stated in said Order, granting 162 MOTION for Leave to Conduct Discovery regarding Personal Jurisdiction filed by SQUARE D COMPANY. Based on the foregoing, the Court GRANTS Square D Companys Motion for Leave to Conduct Discovery Regarding Personal Jurisdiction 162. Plaintiff Square D Company shall have until June 25, 2008, within which to conduct discovery (including paper and depositions) limited to the personal jurisdiction of Defendants Any Electric and Mandel. Thereafter, Plaintiff shall respond to the pending Motion of Defendants Any Electric LLC and Steven Mandel to Dismiss Plaintiffs Second Amended Complaint under Rule 12(b)(2) for Lack of Personal Jurisdiction 155 by July 7, 2008. Defendants Any Electric and Mandel shall have until July 14, 2008, within which to file a reply. No further briefing will be allowed. Signed by Judge Nora Barry Fischer on 4/25/08. (jg)
April 30, 2008
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MEMORANDUM ORDER granting in part and denying in part 171 Defendant Globe's Motion Seeking a Protective Order Clarifying the Previously Entered Order of the Court Dated November 14th, 2007 171. The Court grants said motion to the extent that it seeks to limit the second depositions of Rosenzweig, Joel Mandel and Avi Mandel to the new allegations in the Second Amended Complaint. The Court denies said motion in all other respects. Finally, the Court expresses its frustration with the continual problems surrounding discovery in this matter. The Court advises the parties as well as counsel that failure to comply with the instant Memorandum Order in all respects may result in harsh sanctions, including but not limited to, prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters into evidence or rendering a default judgment against a disobedient party. See generally Fed.R.Civ.P. 37(b)(2)(A)(i)-(vii); details more fully stated in said Memorandum Order. Signed by Judge Nora Barry Fischer on 4/30/08. (jg)
May 16, 2008
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MEMORANDUM ORDER indicating, for the reasons more fully stated in said Order, that the Court reads Globe's counterclaims as substantive responses disputing the allegations in Square D's Second Amended Complaint best raised in a motion for summary judgment (or at trial, if need be) as opposed to separate and distinct causes of action. Accordingly, based on the foregoing, the Court grants Square D Company's Motion to Dismiss Globe Electrics' Amended Counterclaims 166 and the Court dismisses said claims with prejudice. Signed by Judge Nora Barry Fischer on 5/16/08. (jg)
July 7, 2008
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MEMORANDUM ORDER granting 188 Square D Company's Motion to Compel Deposition Testimony from Steven Mandel and Any Electric, LLC 188; for reasons more fully stated in the attached Memorandum Order, Any Electric and Steven Mandel shall re-appear for deposition and answer questions relating to (1) whether Any Electric was an alter ego of Globe, and (2) Defendants' knowledge (if any) of their participation in the alleged civil conspiracy involving Any Electric, Mandel and Globe as related to the Commonwealth of Pennsylvania, as well as all other questions related to personal jurisdiction over Any Electric and Steven Mandel. The parties shall agree on the date, time, and place of the second deposition; however, considering the pending Motion to Dismiss, counsel for Any Electric and Steven Mandel shall produce Mr. Mandel as soon as reasonably possible. Considering the Court's decision to streamline the questions relating to civil conspiracy (in accordance with counsel for Defendants' objections), the Court denies Square D's motion to the extent that it seeks costs and attorneys fees related to the instant motion and the attendance at multiple depositions. Signed by Judge Nora Barry Fischer on 7/7/2008. (tjs)
July 15, 2008
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MEMORANDUM ORDER indicating that, based on the reasons stated more fully in said Order, the Court grants in part and denies in part Square D Company's Motion to Compel Against Globe Electric Supply Co. and For Rule 37(B) Sanctions 187. The Court grants said motion to the extent Square D seeks an order compelling Globe to submit to a forensic inspection of its remaining computer systems (including the (eleven) 11 remaining workstations) and mandating that Globe allow any imaged and copied data to be removed from Globes premises by Square D's forensic consultant for further querying based on agreed-upon search terms. Furthermore, consistent with this Court's past orders, Defendant Globe shall bear all costs and expenses related to all of the forensic inspections. The Court denies Square D's motion without prejudice and with leave to re-file (if necessary) to the extent Square D seeks default judgment against Defendant Globe. Likewise, for the same reasons, the Court denies in all respects Defendant Globe's Cross-Motion Seeking Order Directing Square D to Complete Forensic Inspection in the Manner Previously Ordered by this Court which Limited Same to Systems Involved in the Purchase, Sale, or Inventory of Square D Merchandise 189. In conclusion, while the Court has previously spoken of its frustration regarding the discovery process in this case, it is becoming clearer to this Court that Defendant Globe and its counsel bear much of the responsibility for the continual and unreasonable delays in effectuating the Court-ordered forensic inspection and for the other delays in the discovery process in this case. With that in mind, the Court wishes to impress upon Globe and its counsel that any further restrictions unilaterally imposed by it or its counsel on the forensic inspection (in any regard) as well as any other baseless barriers impeding the completion of discovery will be met with sanctions. The Court shall conduct a post-inspection status conference on August 19, 2008 at 10:00 a.m. and counsel shall appear in-person. The Court advises the parties that if additional discovery disputes arise, the Court may require them to utilize a special master, with costs to be borne by the parties. Signed by Judge Nora Barry Fischer on 7/15/08. (jg) Modified on 7/16/2008. (jsp)
September 30, 2008
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MEMORANDUM AND OPINION re 155 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants ANY ELECTRIC LLC. and STEVEN MANDEL; details more fully stated in said Opinion; an appropriate Order follows. Signed by Judge Nora Barry Fischer on 9/30/2008.(jp)
November 12, 2008
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MEMORANDUM ORDER denying 227 MOTION for Reconsideration (details stated more fully in said order); Defendants STEVEN MANDEL and ANY ELECTRIC LLC's Answers to Second Amended Complaint due by 11/19/2008; Defendant Steven Mandel is to adhere to the deadlines set forth in the Court's 11/4/08 Case Management Order. Signed by Judge Nora Barry Fischer on 11/12/08. (jg)