ALLIANCE INDUSTRIES LIMITED v. A-1 SPECIALIZED SERVICES & SUPPLIES, INC.

Filing 40

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS OR STAY PURSUANT TO PRINCIPLES OF INTERNATIONAL COMMITTEE AND THE DOCTRINE FROM NON CONVENIENS IS DENIED, SUBJECT TO RENEWAL WITHOUT PREJUDICE IF MATERIAL CIRCUMSTANCES CHANGE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/12/14. 3/12/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALLIANCE INDUSTRIES LIMITED
and
ALLIANCE INDUSTRIES FZC

CIVIL ACTION
NO. 13-2510

v.
A-1 SPECIALIZED SERVICES, &
SUPPLIES, INC.

ORDER DENYING MOTION TO DISMISS OR STAY PURSUANT TO PRINCIPLES
OF INTERNATIONAL COMMITTEE AND THE DOCTRINE OF FORUM NON
CONVENIENS (ECF 32) and SCHEDULING ORDER
AND NOW, this 12th day of March, 2014, it is ORDERED as follows:
1.

For the reasons stated in the foregoing Memorandum, defendant’s Motion to

Dismiss or Stay pursuant to principles of international committee and the doctrine forum non
conveniens is DENIED, subject to renewal without prejudice if material circumstances change.
2.

Defendant shall answer, plead or otherwise move in response to the Second

Amended Complaint within fourteen (14) days.
2.

The Court will direct the parties to begin discovery by service of document

requests within fourteen (14) days, to be followed by any objections within fourteen (14) days.
The parties may also serve interrogatories and requests for admissions, and shall promptly confer
on any objections that are served to any of the written discovery. Documents shall be produced
promptly pursuant to discussions among counsel.
3.

The parties should then develop a schedule to complete all discovery, sufficient to

give opportunity to arrange depositions in the United States or overseas.

4.

While this discovery is proceeding, the Court will also direct the parties, pursuant

to Rule 44.1, to submit briefs on the issue of choice of law and conflicts of law, supported, to the
extent each party believes it is necessary, by an affidavit of an expert in English law.
The parties should confer and submit to the Court within fourteen (14) days either a
jointly agreed date on which there will be simultaneous filing of the Rule 44.1 materials, or
individual suggestions if they cannot agree. The submissions will be followed by a hearing for
expert testimony.
5.

The Court will have a further pretrial conference on April 29, 2014 at 10:00 a.m.

in Courtroom 3A, to review any discovery disputes or other matters of contention and finalize a
pretrial schedule leading to a trial date. Counsel shall advise the Court of any dispute by letter at
least three days prior to the conference. At that time, the Court will set a date for any additional
expert reports.
6.

Unless the parties intend to use a private mediator, the Court will also request

Magistrate Judge Strawbridge to contact the parties for a settlement conference, and counsel
should advise Judge Strawbridge when they believe such a conference would be most
appropriate.
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.
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