Opinion
Case No. 4:10-cv-12293
01-23-2012
NARTRON CORPORATION, Plaintiff/Counter-Defendant, v. COOPER-STANDARD AUTOMOTIVE, INC., Defendant/Counter-Plaintiff.
DREW COOPER & ANDING, P.C. John E. Anding (P30356) Thomas V. Hubbard (P60575) J. Joseph Rossi (P53941) Theodore J. Westbrook (P70834) DREW COOPER & ANDING P.C. Counsel for Nartron Corporation Mark A. Cantor (P32661) Robert C.J. Tuttle (P25222) John E. Nemazi (P33285) John M. Halan (P37616) BROOKS KUSHMAN P.C. Counsel for Nartron Corporation So stipulated: FOLEY & LARDNER LLP John R. Trentacosta (P31856) Scott T. Seabolt (P55890) Vanessa L. Miller (P67794) Nicholas J. Ellis (P73174) Irina Kashcheyeva (P72575) Counsel for Cooper-Standard Automotive, Inc.
Hon. Mark A. Goldsmith
Magistrate Judge Mark A. Randon
STIPULATED ORDER DISMISSING NARTRON'S MOTION TO COMPEL WITHOUT
PREJUDICE (DKT. #64), DISMISSING NARTRON'S CLAIM FOR LOST PROFITS
DAMAGES WITHOUT PREJUDICE, AND DISMISSING COOPER-STANDARD
AUTOMOTIVE, INC.'S MOTION TO COMPEL (DKT. #67) WITHOUT PREJUDICE
This matter having come before the Court on January 17, 2012 upon Cooper-Standard Automotive, Inc.'s ("Cooper-Standard") Motion to Compel Production of Documents From Nartron Corp. ("Nartron") (Dkt. #67) and Nartron's Motion to Compel (Dkt. #64), and the parties having stipulated to the resolution of these Motions on the record,
It is hereby ORDERED that, for the reasons set forth in the Joint Statement of Parties Regarding January 17, 2012 Hearing (Dkt. #112), Nartron's Motion to Compel (Dkt. #64) is DISMISSED without prejudice.
It is further ORDERED that, for the reasons stated on the record at the January 17, 2012 hearing, Nartron's claim for lost profits damages is DISMISSED without prejudice.
It is further ORDERED that, on or before January 27, 2012, Nartron shall produce to Cooper-Standard the following categories of documents:
1. Any and all Nartron internal financial reports, management discussions and analyses relating to capacitive anti-trap technology or products incorporating capacitive anti-trap technology;
2. Any and all cost reports and profitability analyses/reports related to the capacitive anti-trap technology;
3. Any and all Nartron financial information related to capital expenditures by Nartron for capacitive anti-trap technology;
4. Any and all raw financial data underlying the Nartron costs summaries related to capacitive anti-trap technology which were previously produced by Nartron in the course of discovery in this case; and
5. Any and all documents related to Nartron's efforts to sell or market capacitive anti-trap technology to OEMs or other seal manufacturers, inclusive of any business plans, market research, and documents or communications relating to contacts or negotiations with customers or potential customers.
It is further ORDERED that Cooper-Standard's Motion to Compel Production of Documents From Nartron (Dkt. #67) is DISMISSED without prejudice.
It is further ORDERED that if Nartron wishes to reassert its claim for lost profits, it must do so by seeking leave of the Court to amend the complaint, subject to Cooper-Standard's right to oppose Nartron's motion.
____________________________
Mark A. Randon
United States Magistrate Judge
Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date, January 23, 2012, electronically.
Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon
So stipulated:
DREW COOPER & ANDING, P.C.
By: Thomas V. Hubbard (w/ consent)
John E. Anding (P30356)
Thomas V. Hubbard (P60575)
J. Joseph Rossi (P53941)
Theodore J. Westbrook (P70834) DREW COOPER & ANDING P.C.
Counsel for Nartron Corporation
Mark A. Cantor (P32661)
Robert C.J. Tuttle (P25222)
John E. Nemazi (P33285)
John M. Halan (P37616)
BROOKS KUSHMAN P.C.
Counsel for Nartron Corporation
So stipulated:
FOLEY & LARDNER LLP
By: Vanessa L. Miller
John R. Trentacosta (P31856)
Scott T. Seabolt (P55890)
Vanessa L. Miller (P67794)
Nicholas J. Ellis (P73174)
Irina Kashcheyeva (P72575)
Counsel for Cooper-Standard Automotive,
Inc.