Dana Limited v. American Axle and Manufacturing Holdings, Inc. et al

Filing 57

OPINION ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

Dana Limited v. American Axle and Manufacturing Holdings, Inc. et al

Doc. 57

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

D A N A LIMITED, an Ohio limited lia b ility company, P la in tif f , F ile No. 1:10-CV-450 v. H O N . ROBERT HOLMES BELL A M E R IC A N AXLE & MANUFACTURING H O L D IN G S , INC., a Delaware corporation, e t al., D e f e n d a n ts. / OPINION D e f e n d a n ts American Axle & Manufacturing Holdings, Inc. and American Axle & M a n u f a c tu rin g , Inc. (collectively referred to as "AAM") have filed a motion to clarify p a ra g ra p h 2 of the agreed preliminary injunction order. (Dkt. No. 55.) For the reasons stated h e re in , the motion will be granted. I. O n June 6, 2010, this Court entered the parties' agreed preliminary injunction order ("Agreed Order"). (Dkt. No. 24.) The Agreed Order provides in pertinent part that AAM s h a ll:

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preserve, without alteration, all computers, disks and electronic storage devices in Defendants' custody or control that may contain any confidential or p ro p rie ta ry information or trade secrets of Dana . . . . (D k t. No. 24.) AAM contends that after consulting with its Information Technology D e p a rtm e n t, it has gained a greater appreciation of the difficulty of complying with the A g re e d Order because it appears to cover not only computer hard drives assigned to a p a rtic u la r employee during the relevant time period, but to the entire AAM computer network f o r an unlimited time period. AAM contends that such a broad order is cost prohibitive, and b ro a d e r than necessary to protect Plaintiff's interests in this case. AAM proposes that the Court clarify paragraph 2 of the Agreed Order, as it pertains to AAM, by modifying the language of the order as follows: IT IS HEREBY ORDERED that Defendants American Axle & Manufacturing H o ld in g s , Inc. and American Axle & Manufacturing, Inc., as well as their o f f ic e rs , agents, servants, employees, employers, and all entities receiving n o tic e of this Order are: *** (2 ) ORDERED to preserve, without alteration, (a) the images of the hard d riv e s of the computers AAM assigned to Jacob Adleman, Gary Turner, and L e o Wenstrup as of May 12, 2010; (b) the month-end backup tapes of the A A M computer network for the AAM World Headquarters and Three Rivers f a c ilitie s during the months of February 2010 through May 2010 for one year a f t e r those tapes were created; (c) the e-mailboxes of Jacob Adleman, Gary T u rn e r, and Leo Wenstrup as they existed on May 12, 2010; and (d) all other d is k s and electronic storage devices in AAM's custody or control known to be u s e d by Jacob Adleman, Gary Turner, or Leo Wenstrup that may contain any c o n f id e n tia l or proprietary information or trade secrets of Dana.

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AAM contends that this proposed clarification maintains the spirit of the Agreed Order yet m a k e s compliance attainable. P la in tif f has not responded to AAM's motion, and the time for doing so has expired. AAM's motion is now ripe for adjudication. Upon review, the Court finds that AAM's p ro p o s e d revisions are appropriate. AAM's motion for clarification will accordingly be g ra n te d . An order consistent with this opinion will be entered.

Dated: December 22, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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