United States District Court, S.D. Ohio, Western Division
ORDER AND REPORT AND RECOMMENDATION
Stephanie K. Bowman United States Magistrate Judge.
civil action is now before the Court on Plaintiff's
motion to defer consideration of Defendant Roby's motion
for Summary Judgment to Allow Time to Take Discovery (Doc.
39) and Defendant Roby's memorandum contra.
Background and Facts
are former employees of PPS. PPS provides nationwide
landscaping, snow and ice removal, parking lot maintenance,
and customized facility management services. Plaintiff
alleges that while employed by PPS, Defendants used PPS's
secret and proprietary customer lists and pricing information
to establish a new company, REMS Nationwide Procurement, LLC
litigation followed. (Verified Complaint ¶¶38-39.)
Plaintiff has brought claims for misappropriation of trade
secrets under the Defend Trade Secrets Act of 2016 (DTSA), 18
U.S.C. § 1831 et seq., and the Ohio Uniform Trade
Secrets Act (OUTSA). Plaintiff has also brought claims for
breach of a non-disclosure agreement and breach of fiduciary
duty by Defendants.
January 29, 2019, Defendant Roby filed a Motion for Summary
Judgment. Rather than filing a response, Plaintiff submits
the instant Motion for Rule 56(d) relief, seeking additional
time to complete discovery before responding to Roby's
Motion for Summary Judgment. Specifically, Plaintiff seeks to
complete written discovery, obtain documents from third
parties, and conduct depositions.
56(d) establishes the procedure to be followed when a party
concludes that additional discovery is necessary to respond
to a motion for summary judgment, and states in relevant
Facts Are Unavailable to the Nonmovant. If a nonmovant shows
by affidavit or declaration that, for specified reasons, it
cannot present facts essential to justify its opposition, the
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to
take discovery; or
(3) issue any other appropriate ...