H. Hirschmann, Ltd. v. Green Mountain Glass, LLC

Filing 129

DECISION on Pending Motions and Scheduling Order granting 112 Motion to Compel Disclosure; denying Motion for Payment of Reasonable Expenses in Making the Motion; deferring ruling on 114 Motion for Summary Judgment; granting 119 Motion to C ompel Expert Witness Report; denying Motion for Payment of Reasonable Expenses in Making Motion; granting 122 Motion for Scheduling Conference. Any supplemental memoranda concerning the question of bifurcation of the trial shall be filed not later than November 1, 2017. Signed by Judge Geoffrey W. Crawford on 10/6/2017. (esb)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

21H OCT -6 AH II : 15

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H. HIRSCHMANN, LTD.,
Plaintiff,

v.
GREEN MOUNTAIN GLASS, LLC, and
ADCO PRODUCTS, LLC,
Defendants.

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Case No. 5:15-cv-00034

DECISION ON PENDING MOTIONS
AND SCHEDULING ORDER
Following a hearing on pending motions on October 5, 2017, the court orders as follows:
1. Plaintiffs Motion for an Order to Compel Disclosure of Defendant ADCO' s Expert Witness
Report (Doc. 119) is GRANTED. ADCO's expert witness reports shall be provided to opposing
counsel not later than January 1, 2018. The Motion for Payment of Reasonable Expenses in
Making the Motion is DENIED.
2. The court GRANTS Plaintiffs Motion for an Order to Compel Disclosure by ADCO of all
complaints relatingto the failure of its products containing the substance polyisobutylene (PIB)
(Doc. 112). Any complaints relevant to this claim including complaints ofPIB which has run or
dripped onto window panes, spread from its intended location or malfunctioned in a manner
substantially similar to the complaint in this case shall be disclosed within thirty (30) days. The
disclosure shall cover all ADCO products which contain PIB. The period of disclosure is 11
years, from the beginning of2003 through the end of2013. The Motion for Payment of
Reasonable Expenses in Making this Motion is DENIED.
3. The court will issue a ruling on ADCO's Motion for Summary Judgment (Doc. 114) and the
possible bifurcation of the trial after November 1, 2017. Any supplemental memoranda
concerning the question ofbifurcation shall be filed not later than November 1, 2017.
4. The Motion for a Scheduling Conference (Doc. 122) is GRANTED.
5. Defendant ADCO Products shall take steps prior to November 1, 2017, to gain reasonable access
to conduct an inspection of the completed windows as installed in the illinois residence. The
inspection shall be completed not later than December 1, 2017.
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6. ADCO shall complete the deposition of Mark Lavinia not later than November 1, 201 7 and shall
provide a copy of the transcript to the court if it is relevant to the issues raised in the pending
summary judgment motion.
SO ORDERED.
Dated at Rutland, in the District of Vermont, this 6th day of October, 2017.

Geoffrey W. Crawford, Judge
United States District Court

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