Hartsock v. Goodyear Dunlop Tires North America LTD et al

Filing 175

ORDER granting in part and denying in part 170 Motion for Reconsideration. As stated in written order, reconsideration denied but prior order is designated for appeal pursuant to 28 U.S.C. s. 1292(b). Signed by Honorable Patrick Michael Duffy on 1/19/16.(adeh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

Theodore G. Hartsock, Jr., as Personal
Representative of the Estate of Sarah
Mills Hartsock,

)
)
)
)
Plaintiff,
)
)
v.
)
)
Goodyear Dunlop Tires North America
)
LTD, a foreign corporation; and
)
The Goodyear Tire & Rubber Company,
)
)
Defendants.
)
____________________________________)

Civil Action No. 2:13-cv-00419-PMD-MGB
ORDER

This matter is before the Court on Defendants’ motion for reconsideration of this Court’s
November 30, 2015 order, in which the Court overruled objections to an order issued by
Magistrate Judge Mary Gordon Baker and adopted her order as its own (ECF Nos. 170, 143, &
137, respectively). Defendants ask that this Court alter portions of its order or, in the alternative,
certify its order for immediate appeal.
After carefully reviewing Defendants’ motion, as well as Plaintiff’s response thereto, this
Court declines to alter its November 30 order by itself. As to the certification request, the Court
has carefully considered the parties’ arguments as to what standard governs the parties’ dispute
over Defendants’ trade secret. In this Court’s opinion, Magistrate Judge Baker’s order, which
this Court adopted, involves a controlling question of law as to which there is substantial ground
for difference of opinion, and an immediate appeal from the order may materially advance the
ultimate termination of the litigation. See 28 U.S.C. § 1292(b).

Pursuant to § 1292(b), Defendants shall have ten days from the date of this order to apply
to the Fourth Circuit for permission to appeal.

All proceedings in this matter are hereby

STAYED pending Defendants’ application and, if granted, during the appeal.
AND IT IS SO ORDERED.

January 19, 2016
Charleston, South Carolina

2