FRICK et al v. BIG LOTS STORES, INC.

Filing 165

MEMORANDUM ORDER granting 119 defendant/third-party plaintiff Big Lots' motion for leave to conduct jurisdictional discovery. Defendant Big Lots is granted leave to pursue jurisdictional discovery from defendant BVCPS 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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Bureau Veritas Consumer Products Services (India) Pvt. Ltd. ("BVCPS – India"), and defendant BVCPS – India's opposition thereto, IT IS ORDERED that [119] the motion be, and the same hereby is, granted. Defendant Big Lots is granted leave to pursue jurisdictional discovery from defendant BVCPS – 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 BVCPS – 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) 2

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