Judge Suggests OBE and Staley Meet, Try to Reach Agreement on Documents in Dispute
December 15, 2011

By Sahely Mukerji, smukerji@glass.com

In a motion hearing in the case of Oldcastle BuildingEnvelope (OBE) vs. Jon Todd Staley, on December 14, Judge Royal Furgeson held off on ruling for protective order requested by OBE against Staley. The judge said that he would like the parties to meet to see if an agreement can be made on documents in disputes. The court will set Staley's motion to dismiss and motion to abate sometime in February, according to court records.

OBE filed a Motion for Protective Order against Staley on November 2. Staley's counsel filed a motion opposing the order on November 22. OBE filed a reply in support of its Motion for Protective Order on December 6 that included a declaration from Michael Cook, director of corporate safety at OBE, and Robert A. Vincent, OBE's counsel. Cook alleges that Staley emailed documents relating to OBE's safety metrics and health and safety standards to his personal email address.

In response, Staley's counsel has brought a Motion to Abate Counterclaims Pending Discovery. His motion is based on the contention that OBE has declined to depose Mollie Hines on whose declaration OBE's Motion for Protective Order is based. The motion demands that OBE presents Hines, along with OBE Vice President of Architectural and Technical Services Mary Carol Witry and CEO Ted Hathaway, for deposition within the next 30 days. "Once those depositions have been taken, Defendant prays the Court allow him to amend his Counterclaims, in conformity with the scheduling order and deadlines set by the Court," according to court documents.

OBE filed an opposition to Staley's Motion to Abate Counterclaims Pending Discovery and requested the court to deny Staley's request for early depositions. " … regarding the deposition of Oldcastle's CEO, Mr. Staley has provided no explanation whatsoever as to why his proposed deposition is appropriate at all, let alone on an expedited basis," writes OBE's counsel.

OBE originally filed the suit against Staley in September. The company alleges that Stakey "misappropriated Oldcastle's trade secrets and other confidential and proprietary information."

Subscribe to USGlass magazine.
Subscribe to receive the free e-newsletter.