FRICK et al v. BIG LOTS STORES, INC.

Filing 162

MEMORANDUM ORDER granting 132 defendant/third-party plaintiff Big Lots' motion for leave to conduct jurisdictional discovery as to third-party defendant Designco Overseas Private Limited a/k/a Designco India. Defendant Big Lots is granted leave to conduct jurisdictional discovery from defendant Designco India over the next 90 days. All as more fully set forth in the Memorandum Order. Signed by Judge David S. Cercone on 1/10/17. (mwm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DIANA FRICK and JOSEPH FRICK,
her husband,
Plaintiffs,
v.
BIG LOTS STORES, INC.,
Defendant/ Third Party Plaintiff,
v.
BUREAU VERITAS CONSUMER
PRODUCTS SERVICES, INC.;
BUREAU VERITAS CONSUMER
PRODUCTS SERVICES (INDIA)
PVT. LTD.; DESIGNCO OVERSEAS
PRIVATE LIMITED a/k/a DESIGNCO
INDIA d/b/a DESIGNCO; and HOC
INDUSTRIES, INC. f/k/a THE HOME
OIL COMPANY f/k/a THE HOME
OIL COMPANY, INC. d/b/a
HOMESTAR,
Third Party Defendants.

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2:15cv360
Electronic Filing

MEMORANDUM ORDER
AND NOW, this 10th day of January, 2017, upon due consideration of defendant/thirdparty plaintiff Big Lots' motion for leave to conduct jurisdictional discovery as to third-party
defendant Designco Overseas Private Limited a/k/a Designco India and defendant Designco
India's opposition thereto, IT IS ORDERED that [132] the motion be, and the same hereby is,
granted. Defendant Big Lots is granted leave to conduct jurisdictional discovery from
defendant Designco Overseas Private Limited a/k/a Designco India over the next 90 days.
Defendant Big Lots shall commence its jurisdictional discovery without undue delay.
Defendant Big Lots has presented factual allegations that suggest with sufficient
particularity that the possible existence of the requisite minimum contacts with Pennsylvania can

be established. Consequently, it is appropriate to permit the requested jurisdictional discovery
before resolving the dispute about whether personal jurisdiction may be exercised over defendant
Designco Overseas Private Limited a/k/a Designco India. See generally Toys "R" Us, Inc. v.
Step Two, S.A., 318 F.3d 446, 455-58 (3d Cir. 2003).
s/David Stewart Cercone
David Stewart Cercone
United States District Judge

cc:

Michael C. George, Esquire
Jason G. Wehrle, Esquire
Joshua K. Boggs, Esquire
Ryan R. Mick, Esquire
Sara J. Krumholz, Esquire
Zach T. Mayer, Esquire
Donald H. Smith, Esquire
Sharon Z. Hall, Esquire
Eric Blumenfeld, Esquire
Joseph F. Butcher, Esquire
Paul R. Robinson, Esquire
Benjamin Sorisio, Esquire
(Via CM/ECF Electronic Mail)

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