Reynolds & Reynolds Company v. Superior Integrated Solutions, Inc.

Filing 91

ORDER - Scheduling Conference set for 3/5/2014 at 2:00 PM by Teleconference before Magistrate Judge Michael J Newman. The call-in number for the telephone conference is 1-877-336-1839. Parties shall follow the instructions on the automated system. The access code is 2725365, the security code is 123456. The Court ORDERS Reynolds to use its best efforts and to act in good faith to produce the documents not at issue. Accordingly, 90 SIS's request is DENIED AS MOOT. Signed by Magistrate Judge Michael J Newman on 02/10/14. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
THE REYNOLDS & REYNOLDS COMPANY,
Plaintiff,

Case No.: 1:12-cv-848

vs.
SUPERIOR INTEGRATED SOLUTIONS, INC.,

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Defendant.

ORDER
The Court held a telephone conference with the parties on February 10, 2014 at 3:00 p.m.
to discuss the motion to compel (doc. 87) filed by Defendant, Superior Integrated Solutions, Inc.
(“SIS”). Participating in the call were Ms. Gulley, Mr. Ross, Mr. Harvey, and Mr. Greer,
counsel for Plaintiff, the Reynolds & Reynolds Company (“Reynolds”); and Mr. Dyer and Ms.
Crandall, counsel for SIS. Also present was court reporter Leslie Foley.
The Court began the conference by clarifying with counsel for SIS as to whether all
extrajudicial means to resolve the dispute had been exhausted prior to filing to motion to compel.
Mr. Dyer advised the Court that extrajudicial means had been exhausted and that SIS would file
the appropriate certification indicating such.
Recognizing that the issues raised in the motion to compel require briefing and could not
be resolved during the call, the Court established the following briefing schedule, to which
counsel for both sides agreed:
Reynolds’ memorandum in opposition:

February 24, 2014

SIS’ reply:

March 3, 2014

The Court also scheduled oral argument on the merits for March 5, 2014 at 2:00 p.m., a date to
which counsel for both sides also agreed.1
SIS raised three additional arguments separate and apart from the motion to compel.
First, SIS asked the Court to set a date certain for Reynolds to produce the documents no longer
at issue in the request for production. The Court ORDERS Reynolds to use its best efforts and
to act in good faith to produce the documents not at issue.
Second, SIS asked the Court for interim Attorneys’ Eyes Only protection of the various
contracts at issue pending the Court’s ruling on the motion to compel (doc. 46) and motion to
modify the Protective Order (doc. 51).

The Court takes this oral request UNDER

SUBMISSION.
Third, SIS raised the potential to take the deposition of Kelly Hall, Vice President of
Software Development for Reynolds. Hall submitted an affidavit in conjunction with Reynolds’
memorandum in opposition to SIS’ renewed emergency motion for preliminary injunction. Doc.
30-1. In the June 6, 2013 Order granting Reynolds’ motion to dismiss SIS’ first amended
counterclaims, Judge Rose took judicial notice that Reynolds’ auto-dealership customers
typically agree to certain prohibitions on integration of third-party applications based on Hall’s
affidavit. Doc. 37 at PageID 363. On January 24, 2014, SIS filed a motion to reconsider the
portion of the June 6, 2013 Order that takes judicial notice. Judge Rose has since issued an
Order denying SIS’s motion for reconsideration.

Doc. 90.

Accordingly, SIS’s request is

DENIED AS MOOT.
IT IS SO ORDERED.
February 10, 2014

s/ Michael J. Newman
United States Magistrate Judge

1

The call-in number for the telephone conference is 1-877-336-1839. Parties shall follow the
instructions on the automated system. The access code is 2725365, the security code is 123456.

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