Judge Issues Stipulations and Proposed Protection Order in Ongoing Boycott Lawsuit

A Federal Court Judge recently issued new stipulations and a “proposed” protection order in an ongoing boycott lawsuit that involves several industry companies. The proposed protection order is designed to safeguard confidential business and trade secret information that is consistent with the public’s right of access to the Court’s records and processes, according to the court document.

O.E.M. Glass Network Inc. and Brooklyn Wholesale Glass Inc. (known together as OEMGN) have alleged that a group of suppliers including Mygrant, Interstate Glass of Amityville NY LLC (Interstate Glass), Metro Glass Distributing Inc. (Metro Glass), Xinyi Auto Glass North America Corp. (Xinyi), Vitro S.A.B. de C.V., Vitro Automotive Glass LLC, Vitro Automotoriz (Vitro), Fuyao Glass America Inc. (Fuyao), Auto Temp Inc. and Sika Corp (Sika) were behind an industry boycott. OEMGN filed the suit in February of last year.

The Court entered the stipulated protective order, which is binding to all counsel. Some items listed in the protective order include: materials and discovery materials designated confidential or highly confidential. If any party disagrees with the designation by the producing party or nonparty of any discovery materials then the parties to the dispute will meet and confer within seven days of notifying the other parties in an attempt to resolve the dispute before presenting the dispute to the Court. The Court notes that if the dispute can be resolved, all parties shall promptly be informed of the resolution.

Case Background

In February 2019 OEMGN filed suit against two auto glass distributors and several manufacturers alleging they conspired against the N.Y. companies and boycotted them in an attempt to eliminate it from the market. In April 2019 the courts extended time for the defense to file a response to claims made against them by OEMGN. Then in May 2019 there was a combined motion to dismiss filed by the defendants, to which OEMGN expressed an opposing view. An amended complaint was filed in October 2019 by OEMGN, however several of the original allegations remained in the amended version. In January 2020, Vitro Automotriz filed a document to dismiss OEMGN’s amended complaint against it. In February 2020, U.S. District Judge Nicholas G. Garufis dismissed and allowed some parts of the claims against urethane manufacturer, Sika Corporation. In April 2020, Mygrant filed a response to the amended complaint and denied all of the allegations listed against the company.

Look to a future edition of glassBYTEs for continued coverage of the suit.

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