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BRAND MARKETING GROUP, LLC v. INTERTEK TESTING SERVICES NA, INC.

No. 12cv1572.

BRAND MARKETING GROUP, LLC doing business as THERMABLASTER, Plaintiff, v. INTERTEK TESTING SERVICES NA, INC. doing business as INTERTEK TESTING SERVICES, Defendant.

United States District Court, W.D. Pennsylvania.

September 3, 2013.

Attorney(s) appearing for the Case

BRAND MARKETING GROUP, LLC, Plaintiff, represented by Brendan B. Lupetin , Meyers, Evans & Associates & Gregory R. Unatin , Meyers Kenrick Giuffre & Evans, LLC..

INTERTEK TESTING SERVICES, N.A. INC., Defendant, represented by Michael J. Joyce , Dickie, McCamey & Chilcote, P.C. & Stephen M Houghton , Dickie, McCamey & Chilcote.

ACE HARDWARE CORPORATION, Movant, represented by Edward G. Brandenstein , Meyer, Darragh, Buckler, Bebenek & Eck, PLLC.

INTERTEK TESTING SERVICES, N.A. INC., Counter Claimant, represented by Michael J. Joyce , Dickie, McCamey & Chilcote, P.C. & Stephen M Houghton , Dickie, McCamey & Chilcote.

BRAND MARKETING GROUP, LLC, Counter Defendant, represented by Brendan B. Lupetin , Meyers, Evans & Associates.

INTERTEK TESTING SERVICES, N.A. INC., Counter Claimant, represented by Michael J. Joyce , Dickie, McCamey & Chilcote, P.C. & Stephen M Houghton , Dickie, McCamey & Chilcote.

BRAND MARKETING GROUP, LLC, Counter Defendant, represented by Brendan B. Lupetin , Meyers, Evans & Associates.

Memorandum Opinion

ARTHUR J. SCHWAB, District Judge.

I. Introduction

In this protracted litigation, in which the parties have been unwilling or unable to compromise on the most basic of issues, have been less than helpful to the Court in their pretrial filings, and have continued their combative tenor up until the present day, the Court now finds itself on the day of trial, with two new Motions, filed on the literal eve of...

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