John Crane Grp. Corp. v. Energy Devices of Tex/, Inc.
John Crane Grp. Corp. v. Energy Devices of Tex/, Inc.
2015 WL 11089487 (E.D. Texas 2015)
May 27, 2016
Mitchell, K. Nicole, United States Magistrate Judge
Summary
The court granted Plaintiff's Motion for Leave to File Response to Defendant's Sur-Reply and denied Plaintiff's Motion for Reconsideration. The court also ordered that if Plaintiff exhausts its ability to seek text message information in less intrusive ways, it may raise the issue again. Additionally, the parties resolved the issue concerning the production of documents related to the Keene pump shop and were continuing to work out any issues concerning the production of documents related to Defendant's bonus pay structure and the outstanding three months of financial records.
Additional Decisions
John Crane Group Corporation
v.
Energy Devices of Texas, Inc. d/b/a EDI Downhole Pumps & Supplies
v.
Energy Devices of Texas, Inc. d/b/a EDI Downhole Pumps & Supplies
CIVIL ACTION NO. 6:14-CV-178
United States District Court, E.D. Texas, Tyler Division
Signed May 27, 2016
Counsel
Ronald Eugene Manthey, Morgan Lewis & Bockius LLP, Dallas, TX, for John Crane Group Corporation.Deron R. Dacus, Peter Aaron Kerr, The Dacus Firm, PC, Tyler, TX, for Energy Devices of Texas, Inc.
Mitchell, K. Nicole, United States Magistrate Judge
ORDER
*1 On February 17, 2015, Plaintiff filed a Motion for Reconsideration (ECF 112), seeking reconsideration of the Court's Order entered on February 2, 2015. Plaintiff then filed a Motion for Leave to File Response to Defendant's Sur-Reply (ECF 131) on April 2, 2015. The Court conducted a hearing on the motions and resolved all issues on the record on April 17, 2015. As ordered at the hearing,
IT IS ORDERED that Plaintiff's Motion for Leave to File Response to Defendant's Sur-Reply (ECF 131) is GRANTED. It is further
ORDERED that Plaintiff's Motion for Reconsideration (ECF 112) is DENIED. After Plaintiff exhausts its ability to seek text message information in less intrusive ways than the extraordinary remedy of conducting a forensic examination of personal cell phones, Plaintiff may raise the issue again if depositions of the employees reveal, for example, inconsistencies with text logs or non-substantive and non-responsive answers.
Plaintiff's motion for reconsideration additionally asserts that there are outstanding issues concerning the production of documents related to the Keene pump shop and Defendant's payroll. On the record at the hearing, however, the parties stated that the Keene pump shop records issue has been resolved. Both parties also represented that they are continuing to work out any issues concerning the production of documents related to Defendant's bonus pay structure and the outstanding three months of financial records to be produced. Defendant additionally stated that it will be providing Plaintiff with a written report of its independent expert's examination of Brad Gabriel's Facebook archive.
So ORDERED and SIGNED this 27th day of May, 2015.