United States District Court, E.D. Michigan, Southern Division
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. Plaintiff,
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.
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.
Compilation of Common Customer List
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.
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
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.
Defendant Rob Bell's motion to compel from KMBS [ECF No.
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.
other issues were resolved prior to the hearing.
KMBS's motion to compel from Al [ECF No. 153]
3: The common customer list is ordered in lieu of
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.
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 ...