Avco Corporation v. Precision Airmotive LLC

Filing 316

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that: 260 Motion to Strike Avco's Expert Report of Michael J. Dreikorn is DENIED; 273 MOTION to Exceed Page Limitation is GRANTED IN PART and DENIED IN P ART; 274 Emergency MOTION to Strike from the Report of Krista Holt and Exclude from Trial Testimony Based on Information Withheld During Discovery and for Contempt is GRANTED IN PART and DENIED IN PART; 287 MOTION for Sanctions is DENIED; [29 3] MOTION to Strike Portions of the Rebuttal Expert Report of Joseph N. Welch II is DENIED; 295 Emergency MOTION for Order Placing Plaintiff/Counterclaim Defendants' Motion for Sanctions and Exhibits Under Seal is DENIED AS MOOT; 296 MOTION for Sanctions is GRANTED IN PART and DENIED IN PART. The deadline for filing Motions for Summary Judgment and supporting briefs is 8/11/2017. (See Order for further details.) Signed by Honorable Matthew W. Brann on 5/22/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AVCO CORPORATION,

No. 4:12-CV-1313

Plaintiff/Counterclaim Defendant,

(Judge Brann)

v.
TURN AND BANK HOLDINGS, INC.
and PRECISION AIRMOTIVE, LLC,
Defendants/Counterclaim Plaintiffs,
v.
AVSTAR FUEL SYSTEMS, INC.,
Counterclaim Defendant.
ORDER
AND NOW, this 22nd day of May 2017, in accordance with the
Memorandum Opinion of this same date, IT IS HEREBY ORDERED that:
1. Turn and Bank Holdings, Inc. and Precision Airmotive, LLC’s
Motion to Strike Avco’s Expert Report of Michael J. Dreikorn (ECF
No. 260) is DENIED;
2. Avco Corporation and AVStar Fuel Systems, Inc.’s Motion for an
Extension of the Page Limit on their Brief In Support of their
Summary Judgment Motion (ECF No. 273) is GRANTED IN PART
and DENIED IN PART. Parties will be granted leave to file briefs

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both in support and opposition of any motion for summary judgment
totaling forty-five (45) pages in length.;
3. Turn and Bank Holdings, Inc. and Precision Airmotive, LLC’s
Emergency Motion to Strike from the Report of Krista Holt and
Exclude from Trial Testimony Based on Information Withheld
During Discovery and for Contempt (ECF No. 274) is GRANTED
IN PART and DENIED IN PART. AVStar’s expert report is not
stricken. Counsel for AVStar is, however, directed to produce the
profit and cost documents upon which Ms. Holt relies within seven
(7) days of this Memorandum. Precision/TNB will thereafter be
granted leave to have its expert update her report based on these
materials, at cost to AVStar. This update, and Ms. Holt’s stayed
deposition, are to occur within forty five (45) days of this
Memorandum Opinion.;
4. Turn and Bank Holdings, Inc. and Precision Airmotive, LLC’s
Motion for Sanctions (ECF No. 287) is DENIED;
5. Turn and Bank Holdings, Inc. and Precision Airmotive, LLC’s
Motion to Strike Portions of the Rebuttal Expert Report of Joseph N.
Welch II (ECF No. 293) is DENIED;

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6. Turn and Bank Holdings, Inc. and Precision Airmotive, LLC’s
Emergency Motion to Place Plaintiff/Counterclaim Defendants’
Motion for Sanctions and Exhibits Under Seal (ECF No. 295) is
DENIED AS MOOT;
7. Avco Corporation and AVStar Fuel Systems, Inc.’s Motion for
Sanctions (ECF No. 296) is GRANTED IN PART and DENIED IN
PART. Avco/AVStar will be granted leave to re-depose Alan Jesmer
and Peter Nielsen concerning customer confusion documents via
videoconferencing, with expenses to be borne by Precision/TNB.
Said depositions are to be completed within forty five (45) days of
this Memorandum Opinion.;
8. The deadline for filing Motions for Summary Judgment and
supporting briefs is August 11, 2017.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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