Arlington Industries v. Bridgeport Fittings

Filing 388

ORDER (memorandum filed previously as separate docket entry),. IT IS HEREBY ORDERED that 334 MOTION for Order to Show Cause Why Bridgeport Should Not Be Held in Contempt filed by Arlington Industries, Inc. is GRANTED in part and DENIED in pat. Arlington's request to conduct additional discovery is GRANTED with respect to the Demo Kits only. Arlington's request to conduct additional discovery with respect to any other matter is DENIED. Both parties may filed supplemental memoranda discussing their positions post-discovery by 3/1/17. At this time, Arlington's requests for fees and sanctions are DENIED. It is FURTHER ORDERED that an EVIDENTIARY HEARING on whether this Court should hold Bridgeport in civil contempt is set for 3/8/2017 09:00 AM in Wilkes-Barre - Courtroom 3 before Honorable A. Richard Caputo.Signed by Honorable A. Richard Caputo on 12/7/16. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ARLINGTON INDUSTRIES, INC,
CIVIL ACTION NO. 3:02-CV-0134

Plaintiff,
v.

(JUDGE CAPUTO)

BRIDGEPORT FITTINGS, INC.,
Defendant.
ORDER
NOW, this 7th day of December, 2016, IT IS HEREBY ORDERED that:
(1)

The Motion for an Order to Show Cause (Doc. 334) filed Arlington Industries,
Inc. (“Arlington”) is GRANTED in part and DENIED in part. Arlington may
pursue its allegations of contempt against Bridgeport Fittings, Inc.
(“Bridgeport”) only with respect to:
(a) the Demo Kits containing an enjoined connector; and
(b) the online marketing materials.

(2)

Arlington’s request to conduct additional discovery is GRANTED with respect
to the Demo Kits only. Arlington’s request to conduct additional discovery with
respect to any other matter is DENIED. The scope of discovery will be further
limited to:
(a) the 168 Bridgeport Demo Kits containing an enjoined connector
identified in Bridgeport’s shipping records (see Doc. 353-2).
(b) Arlington may take up to two (2) depositions per recipient of a
shipment of Demo Kits, as identified in Bridgeport’s shipping invoice
(Doc. 353-2). For purposes of discovery, the separate shipments to
Wm. Bleiman & Sons (“Bleiman”) and Ed Harvey are considered one
shipment to Bleiman.
(c) Arlington may submit up to twenty (20) interrogatories, including
subparts, per recipient of a shipment of Demo Kits, as identified in
Bridgeport’s shipping invoice (Doc. 353-2). For purposes of discovery,

the separate shipments to Bleiman and Ed Harvey are considered one
shipment to Bleiman.
(d) This discovery shall be completed by February 8th, 2017.
(3)

Both parties may file supplemental memoranda discussing their positions postdiscovery by March 1st, 2017.

(4)

At this time, Arlington’s requests for fees and sanctions are DENIED.

(5)

It is FURTHER ORDERED that the parties shall appear before this Court on
the 8th day of March, 2017, at 9:00 a.m. in Courtroom #3 of the Max Rosenn
United States Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701,
for an evidentiary hearing on whether this Court should hold Bridgeport in civil
contempt.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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