Bell Aerospace Services, Inc. v. U.S. Aero Services, Inc. et al

Filing 39

ORDER that based on representations made in open court at the hearing held on 4/2/2009, it is ORDERED that the 2 Motion for Preliminary Injunction is granted as further set out in the order. The previous preliminary injunction (Doc. No. 20) is conv erted into a protective order, with the defendants having seven days to move to amend the protective order to provide for any desired reciprocal relief. Any motion to amend, including any disputes arising from it, is to be handled by the magistrate j udge. It is further ORDERED that plaintiff Bell Aerospace Services, Inc. has until 4/3/2009 to amend its complaint to assert diversity jurisdiction. Signed by Honorable Myron H. Thompson on 4/3/2009. (dmn) [Modified on 4/14/2009 to include the protective order text.-DMN]

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION BELL AEROSPACE SERVICES, INC., Plaintiff, v. U.S. AERO SERVICES, INC., STEVE MATHERLY, HARTWELL "WILLY" WILSON, JOE BEN THOMAS, MIKE HALL, RILDA BLAHA, SEAN TAYLOR, TIMBERLY "MIMI" MOORE, RON DONAHUE, and MARK ROBINSON, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER As previously stated, with its motion for preliminary injunction (Doc. No. 2), plaintiff Bell Aerospace

CIVIL ACTION NO. 1:09cv141-MHT (WO)

Services, Inc. seeks the following relief: (1) Within seven days of the service of this action

upon defendants, defendants shall make computer equipment available so that plaintiff may obtain a duplicate image of the contents of this equipment. equipment" includes all computers, The term "computer computer drives,

computer discs, external storage devices, PDA's, or any similar device upon which data may be stored. Such

computer inspection shall be conducted consistent with the protocol set forth in the proposed order establishing procedure for examination of computer hard drive and protective order (a copy of which is attached to this order). (2) Defendants, their agents, and employees are

restrained from using, printing, copying, distributing, disclosing or examining any information taken from or belonging to Bell Aerospace Services, Inc., whether or not in original form, including without limitation, Bell Aerospace Lists, Services, Inc.'s Work Instructions, Packets," Parts

Supplier

Lists,

"Supplier

technical

publications, drawings, wiring diagrams, photographs, and processes. (3) Defendants, their agents, and employees are

directed to return all Bell Aerospace Services, Inc. information and property to Bell Aerospace Services,

2

Inc.,

care

of

H.

Cannon

Lawley,

Huie,

Fernambucq

&

Stewart, LLP, Three Protective Center, 2801 Highway 280 South, Suite 200, Birmingham, Alabama, 35223, within 48 hours of their receipt of a copy of this Order. (4) Defendants, their agents, and employees are

restrained from soliciting any business from any of Bell Aerospace Services, Inc.'s clients or customers. (5) Defendants, their agents, and employees are

directed to preserve all computer files, data, documents, or similar information maintained on their computer

equipment until further notice by this Court. (6) Defendants, their agents, and employees are

restrained from destroying any and all information and documents which are potentially relevant to Bell

Aerospace Services, Inc.'s claims. Based on the representations made in open court at the hearing held on April 2, 2009, it is ORDERED that the motion for preliminary injunction (Doc. No. 2) is granted

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as follows with respect to each item of relief requested above: (A) Paragraphs numbered 5 and 6: The previous

partial preliminary injunction (Doc. No. 20) is converted into a protective order, with the defendants having seven days to move to amend the protective order to provide for any desired reciprocal relief. Any motion

to amend, including any disputes arising from it, is to be handled by the magistrate judge. (B) Paragraph numbered 4: This relief is

withdrawn without prejudice. (C) Paragraph numbered 1: The parties have 28 days to resolve the methods for obtaining the relief requested, including agreeing on and obtaining a third party to conduct the examination and approving the protocols to be used in that process. Any disputes

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related to this requested relief are to be resolved by the magistrate judge. (D) Paragraphs numbered 2 and 3: This relief is withdrawn without prejudice. It is further ORDERED that plaintiff Bell Aerospace Services, Inc. has until April 3, 2009, to amend its complaint to assert diversity jurisdiction. DONE, this the 3rd day of April, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE