Magnesita Refractories Company v. Tianjin New Century Refractories Co., Ltd. et al

Filing 64

ORDER (Memorandum 63 filed previously as separate docket entry): GRANTING in PART & DENYING in PART deft Griffin's MTD 36 ... (see Paras 1a-c for specifics); DEFERRING in Part, GRANTING in Part & DENYING in part defts Tianjin, Yingkou & New Century's MTD 37 ... (see Paras 2a-d for specifics); Granting pltfs leave to amend civil RICO claim w/in 20 days of date of this order; defts Tianjin, Yingkou & New Century directed to respond to amended complaint 33 in acc w/ FRCP; Granting pltfs & New Century until /24/19 to conduct limited discovery re jurisdictional issues in memo 63 ; Setting supp'l briefing schedule to follow close of jurisdictional discoery period w/ pltfs' supp'l br in opp to New Century's MT D due w/in 14 days after close of jurisdictional discovery & New Century to file supp'l reply br w/in 14 days afater pltfs' supp'l br filed. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/28/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MAGNESITA REFRACTORIES
COMPANY, and BAKER
REFRACTORIES I.C., INC.,
Plaintiffs
v.
TIANJIN NEW CENTURY
REFRACTORIES CO., LTD.,
YINGKOU NEW CENTURY
REFRACTORIES LTD., NEW
CENTURY REFRACTORY
SOLUTIONS INC., and DONALD
GRIFFIN, an individual and doing
business as Technical Consultant’s
Laboratories,
Defendants

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CIVIL ACTION NO. 1:17-CV-1587
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of February, 2019, upon consideration of
defendants’ motions (Docs. 36, 37) to dismiss the amended complaint, and the
parties’ respective briefs in support of and opposition to said motions, and for the
reasons stated in the accompanying memorandum, it is hereby ORDERED that:
1.

The motion (Doc. 36) to dismiss by defendant Donald Griffin is
GRANTED in part and DENIED in part as follows:
a.

Count I for misappropriation of trade secrets in violation of the
Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836, is
DISMISSED to the extent it relies on acts of misappropriation
that occurred prior to the DTSA’s May 11, 2016 enactment date.

b.

Count III for violation of the Racketeer Influenced and
Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq.,
is DISMISSED.

c.
2.

The motion is otherwise DENIED.

The motion (Doc. 37) to dismiss by defendants Tianjin New Century
Refractories Co., Ltd. (“Tianjin”), Yingkou New Century Refractories
Ltd. (“Yingkou”), and New Century Refractory Solutions Inc. (“New
Century”) is DEFERRED in part, GRANTED in part, and DENIED in
part as follows:
a.

The motion is DEFERRED with respect to specific personal
jurisdiction and general alter-ego general jurisdiction over New
Century pending jurisdictional discovery and a ruling on New
Century’s Rule 12(b)(2) arguments.

b.

Count I for misappropriation of trade secrets in violation of
the DTSA is DISMISSED to the extent it relies on acts of
misappropriation that occurred prior to the DTSA’s May 11,
2016 enactment date.

c.

Count III for violation of RICO is DISMISSED.

d.

The motion is otherwise DENIED with respect to the Rule
12(b)(5) and Rule 12(b)(6) issues raised therein.

3.

Plaintiffs are granted leave to amend their civil RICO claim within
twenty (20) days of the date of this order. In the absence of a timelyfiled amended complaint, the above-captioned action shall proceed
on the remaining claims.

4.

Tianjin, Yingkou, and Griffin shall respond to plaintiffs’ amended
complaint (Doc. 33) in accordance with the Federal Rules of Civil
Procedure.

5.

Plaintiffs and New Century are granted until Friday, May 24, 2019,
to conduct discovery limited to the jurisdictional issues delineated in
the court’s memorandum opinion of today’s date.

6.

The following supplemental briefing schedule shall follow the close
of the jurisdictional discovery period:
a.

Plaintiffs shall file a supplemental brief in opposition to New
Century’s motion (Doc. 37) to dismiss for lack of personal
jurisdiction within fourteen (14) days after the close of
jurisdictional discovery.

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b.

New Century shall file a supplemental brief in reply within
fourteen (14) days after the filing of plaintiffs’ supplemental
brief.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania