IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TOLEDO MACK SALES & :

SERVICE, INC., :

:

Plaintiff, : Civil Action No. 2:02-CV-04373-RLB

:

v. :

: JURY TRIAL DEMANDED

MACK TRUCKS, INC., :

:

Defendant. :

_____________________________________________________________________________

MACK TRUCKS, INC., :

:

Plaintiff, :

:

v. :

:

TOLEDO MACK SALES & :

SERVICE, INC., and : JURY TRIAL DEMANDED

:

PAI INDUSTRIES, INC., :

950 Northbrook Parkway, Suwanee, GA, :

:

Defendants. :

COUNTERCLAIM PLAINTIFF’S MOTION FOR EXPEDITED DISCOVERY

Counterclaim Plaintiff Mack Trucks, Inc. (“Mack”), through its undersigned 

counsel, pursuant to Federal Rules of Civil Procedure 26, 30, 33 and 34, hereby moves this Court 

for an Order permitting Mack to conduct discovery prior to the expiration of thirty days after the 

service of the Answer and Counterclaims and prior to the commencement of the preliminary 

injunction hearing.

In support thereof, Mack represents as follows:

1. Mack has filed counterclaims against Toledo Mack Sales & Service, Inc. 

("Toledo Mack") and PAI Industries, Inc. ("PAI") arising out of their conspiracy to steal Mack's 

secret, confidential and copyright computerized truck parts database system, MACSPEC 2001©. 

Mack has brought counterclaims for misappropriation of trade secrets and confidential business 

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information, copyright infringement, breach of contract, tortious interference with existing 

contractual relations, fraudulent misrepresentation and civil conspiracy. 

2. Mack has moved this Court for the issuance of an Order preliminarily 

enjoining PAI and Toledo Mack from any further misappropriation of its trade secrets and 

confidential business and from any further acts of copyright infringement and for the issuance of 

an Order impounding all goods infringing Mack's copyrights. 

3. It is critical that Mack be permitted to conduct discovery prior to the 

preliminary injunction hearing to enable it fully to develop and present its claims at the hearing. 

Without immediate discovery, Mack will be irreparably injured in its ability to develop its 

claims.

4. Mack seeks the following limited discovery: (a) the depositions of Toledo 

Mack, PAI, and Yolanda May, Notices of which are attached hereto as Exhibit A; (b) limited 

interrogatories directed to Toledo Mack and PAI, attached hereto as Exhibit B; and (c) limited 

document requests directed to Toledo Mack and PAI, attached hereto as Exhibit C. 

WHEREFORE, Mack moves this Court to issue an Order permitting Mack to 

conduct the foregoing requested discovery immediately, and in all events, prior to the 

commencement of the preliminary injunction hearing.

Respectfully submitted,

___________________________

Jon A. Baughman (14043)

Jeremy Heep (75607)

Barak A. Bassman (85626)

PEPPER HAMILTON LLP

3000 Two Logan Square

18th and Arch Streets

Philadelphia, PA 19103-2799

215.981.4000

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Attorneys for Defendant Mack Trucks, Inc.

Dated: ____________

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