PDC MACHINES INC. v. NEL HYDROGEN A/S et al

Filing 41

ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. 7 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY (DOC. 19 ) IS DISMISSED AS MOOT. DEFENDANT MOTIONF FOR PRE-DISCOVERY IDENTIFICATION (DOC. 23 ) IS ALSO DISMISSED AS MOOT. ETC.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 6/15/2018. 6/15/2018 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PDC MACHINES INC.

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v.
NEL HYDROGEN A/S
formerly known as
H2 LOGIC A/S, et al.

CIVIL ACTION
No. 17-5399

ORDER
AND NOW, this 15th day of June, 2018, upon consideration of Defendants Nel
Hydrogen A/S and Joshua Andrew Adams’s Motion to Dismiss Counts 1-3, 6 and 9 of
Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6), Plaintiff PDC Machines Inc.’s
Motion for Expedited Discovery and Entry of Protective Order, and Defendants’ Motion for Prediscovery Identification of Trade Secrets; the responses and replies thereto; and the parties’
presentations at the May 24, 2018, oral argument, and for the reasons set forth in the
accompanying Memorandum, it is ORDERED:
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Defendants’ Motion to Dismiss Counts 1-3, 6 and 9 of Complaint (Document 7) is
GRANTED in part and DENIED in part. The Motion is GRANTED as to Count 3,
which is DISMISSED as withdrawn. The balance of the Motion is DENIED.

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Plaintiff’s Motion for Expedited Discovery and Entry of Protective Order (Document
19) is DISMISSED as moot, the parties having agreed to a 90-day fact discovery
period and a stipulated protective order in this case.

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Defendants’ Motion for Pre-discovery Identification of Trade Secrets (Document 23)
is also DISMISSED as moot, Plaintiff having produced a list of its trade secrets.
Once Defendants have produced discovery in this case, Plaintiff may amend its list of
trade secrets only with leave of court upon a showing of good cause.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

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