Alabama Aircraft Industries Inc et al v. Boeing Company, The et al

Filing 186

ORDER -re: Report and Recommendation of Special Master 176 & 178 . The court ADOPTS the Reports and ACCEPTS the recommendations of the Special Master. It is ORDERED that AAI's Motion for Additional Time to Complete Cross-Examination of Gle nn Hess is GRANTED. AAI will be permitted to continue its cross-examination of Mr. Hess for one-and-a-half hours; if necessary, Boeing may follow with up to one hour of re-direct examination. AAI's Motion to Compel Boeing to Testify is GRANTED. Boeing SHALL comply with AAI's Proposal, with the caveats that AAI will include no more than two hundred document families on List B, and limit its examination questions about those documents (aside from authenticity) to who at Boeing had access to the documents during the relevant period (as opposed to the entire internal transfer history of the documents). Signed by Judge R David Proctor on 2/12/2016. (AVC)

FILED
2016 Feb-12 PM 03:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA

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ALABAMA AIRCRAFT INDUSTRIES,
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INC., ALABAMA AIRCRAFT
INDUSTRIES, INC. – BIRMINGHAM, AND )
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PEMCO AIRCRAFT ENGINEERING
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SERVICES, INC.,
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Plaintiffs,
V.
THE BOEING COMPANY,
BOEING AEROSPACE OPERATIONS,
INC. AND BOEING AEROSPACE
SUPPORT CENTER,
DEFENDANTS.

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Case No. 2:11-cv-03577-RDP

ORDER
On December 22, 2015, and January 28, 2016, the Special Master issued Reports and
Recommendations containing the following recommendations:
1.

That AAI’s Motion for Additional Time to Complete Cross-Examination of Glenn

Hess should be granted and AAI should be permitted to continue its cross-examination of Mr.
Hess for one-and-a-half hours; if necessary, Boeing may follow with up to one hour of re-direct
examination. (Doc. # 176).
2.

That AAI’s Motion to Compel Boeing to Testify on Plaintiff’s Rule 30(b)(6)

Topics 30-32 should be granted and Boeing should be compelled to comply with AAI’s
Proposal, with the caveats that AAI will (1) include no more than two hundred document
families on List B, and (2) limit its examination questions about those documents (aside from

authenticity) to who at Boeing had access to the documents during the relevant period (as
opposed to the entire internal transfer history of the documents). (Doc. # 178).
No objections were filed to either Report and Recommendation. (See Docs. # 176 - 179).
After careful consideration of the record in this case, the Special Master’s Reports and
Recommendations, the court hereby ADOPTS the Reports of the Special Master. The court
further ACCEPTS the recommendations of the Special Master. It is therefore ORDERED as
follows:
1.

AAI’s Motion for Additional Time to Complete Cross-Examination of Glenn

Hess is GRANTED. AAI will be permitted to continue its cross-examination of Mr. Hess for
one-and-a-half hours; if necessary, Boeing may follow with up to one hour of re-direct
examination.
2.

AAI’s Motion to Compel Boeing to Testify on Plaintiff’s Rule 30(b)(6) Topics

30-32 is GRANTED. Boeing SHALL comply with AAI’s Proposal, with the caveats that AAI
will (1) include no more than two hundred document families on List B, and (2) limit its
examination questions about those documents (aside from authenticity) to who at Boeing had
access to the documents during the relevant period (as opposed to the entire internal transfer
history of the documents).
DONE and ORDERED this February 12, 2016.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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