Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Konica Minolta Business Solutions U.S.A., Inc. v. Lowery Corp.

United States District Court, E.D. Michigan, Southern Division

December 1, 2017

KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. Plaintiff,
v.
LOWERY CORPORATION, et al., Defendants,

          Honorable Victoria A. Roberts

          ORDER ON MOTIONS TO COMPEL [ECF NOS. 149, 153, 157, 161, 162, 163, 174]

          ELIZABETH A. STAFFORD UNITED STATES MAGISTRATE JUDGE.

         The parties filed various motions to compel that were referred to this Court for hearing and determination pursuant to 28 U.S.C. § 636(b)(1)(A). The parties were ordered to meet and confer with expert advisor Scott Bailey. [ECF No. 168]. After meeting and conferring, the parties filed statements of resolved and unresolved issues. [ECF Nos. 195-204]. The Court held a hearing on November 30, 2017. For the reasons stated on the record, the Court orders as set forth below.

         1. Compilation of Common Customer List

         KMBS must provide Bailey with a list of all of its customers at the time that the individual defendants ceased working for KMBS, and for the three years prior to the termination of individual defendants' employment with KMBS. KMBS must identify the time periods during which it was doing business with those customers.

         Al and the individual defendants must provide a list to Bailey of all customers that they have done business with after the individual defendants left their employment with KMBS to the present, and must identify which of the individual defendants have done business with each listed customer. Al is primarily responsible for compiling this list, but each individual defendant must confirm the customers with which he or she has done business after leaving KMBS and augment Al's list as necessary.

         These lists must be provided to Bailey by December 29, 2017. Bailey will then submit to each party a list of only those customers who are included on both KMBS's and the defendants' lists. The resulting list will be referred to as the common customer list below.

         2. Defendant Rob Bell's motion to compel from KMBS [ECF No. 149]

         Interrogatory 18: The motion to compel an answer to this interrogatory is denied because KMBS's complaint includes a civil conspiracy count and demands joint and several damages from all defendants, [ECF No. 9, PageID 116, 118], and because KMBS is still discovering the damage that it believes was caused by each individual defendant.

         All other issues were resolved prior to the hearing.

         3. KMBS's motion to compel from Al [ECF No. 153]

         Interrogatory 3: The common customer list is ordered in lieu of this request.

         Interrogatory 4: Al agrees and is ordered to identify all yearly revenue paid to Al by each customer identified on the common customer list. An order on KMBS's request for identification of weekly, monthly and quarterly revenues paid to Al by these customers is deferred until the common customer list has been compiled.

         RFP 38: Al must produce for inspection and/or imaging all electronic computing or storage devices-including but not limited to hard drives, flash drives, and cloud or internet-based storage devices- that were issued by Al and used by any former employee of KMBS. The definition of “former employee” is one who started working at Al one year or less after leaving his or her employment with KMBS, from January 1, 2011, to the present. KMBS must provide Al with a list “former employees” of which ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.