Preview
048-272569-14 FILED
TARRANT COUNTY
8/20/2014 12:07:16 PM
THOMAS A. WILDER
CAUSE NO. 048-272569-14 DISTRICT CLERK
INTHINC TECHNOLOGY § IN THE DISTRICT COURT
SOLUTIONS, INC., §
§
Plaintiff, §
§
v. § 48th JUDICIAL DISTRICT
§
MIX TELEMATICS NORTH §
AMERICA, INC., §
§
Defendant. § TARRANT COUNTY, TEXAS
DEFENDANT’S MOTION FOR RECONSIDERATION
OF THE CURRENT TRIAL SETTING
Defendant MiX Telematics North America, Inc. ("MiX" or "Defendant") files its motion
for reconsideration of the current trial setting, asking the Court for a special trial setting of
November 10, 2014, and states as follows:
1. On August 12, 2014, the Court heard oral argument on the proposed trial dates
from MiX and Plaintiff, inThinc Technology Solutions, Inc. ("inThinc" or "Plaintiff").
2. MiX proposed a trial date in October 2014, inThinc proposed a trial date in March
2015, and potential trial dates of November 10, 2014 and December 8, 2014 were considered.
As set forth below, an anticipated party and a key witness each have conflicts with the December
8, 2014 trial date, and thus MiX asks this Court to special set the trial for November 10, 2014.
3. On June 6, 2014, inThinc filed suit in Utah against Charles "Skip" Kinford
("Kinford") and MiX (MiX was later voluntarily dismissed) (the "Utah Litigation").1 In the Utah
Litigation, inThinc seeks to enjoin Kinford, MiX's Chief Executive Officer (CEO),2 from being
employed by MiX and from otherwise using or disclosing inThinc's confidential information. As
stated in the agreement read into the record on August 12, 2014 and entered pursuant to Texas
1
Inthinc Technology Solutions, Inc. v. Kinford, Case No. 2:14-cv-00428-CW, District of Utah.
2
See Affidavit of Charles Kinford ("Kinford Affidavit"), which is attached as Exhibit "A", ¶ 2.
DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 1 of 5
Cause No. 048-272569-14,
Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc.
048-272569-14
Rule of Civil Procedure 11, the parties agreed to consolidate the Utah Litigation with this action,
and we anticipate inThinc naming Kinford as a party in their amended pleadings in this action.
4. Charles Tasker ("Tasker") is the Group Chief Operating Officer of MiX
Telematics Limited ("MiX Limited"), which owns 100% of MiX, and Tasker is designated as the
corporate representative for MiX in this litigation.3
5. MiX Limited's annual sales conference is scheduled for December 8, 2014
through December 11, 2014 in Dubai, United Arab Emirates.4 Thirty-six (36) senior employees
of MiX Limited, including Tasker and Kinford, are scheduled to attend the conference.5 These
members of the MiX Limited team were first scheduled to attend the conference in June 2014,
and will travel from all over the world.6 Tasker is the organizer and most senior employee
scheduled to attend the conference, and has attended the annual sales conference each year since
2008.7
6. The absence of Tasker or Kinford from the sales conference would create a
substantial hardship on MiX, and rescheduling the conference would cause substantial financial
hardship on MiX due to the costs associated with changing travel arrangements and conference
bookings.8
7. It is anticipated that Plaintiff's Counsel intends to call both Kinford and Tasker
during the presentation of its case, and the absence of Kinford and Tasker would prejudice MiX
in defending itself in this action.
3
See Affidavit of Charles Tasker ("Tasker Affidavit"), attached hereto as Exhibit "B", ¶ 2.
4
See id., ¶ 3.
5
See Tasker Affidavit, ¶ 3; Kinford Affidavit ¶ 3.
6
See id.
7
See Tasker Affidavit, ¶ 4.
8
See id., ¶¶ 5 and 6; Kinford Affidavit, ¶ 4.
DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 2 of 5
Cause No. 048-272569-14,
Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc.
048-272569-14
8. MiX proposes a November 10, 2014 trial date because: (1) Plaintiff's Lead
Counsel did not express any conflicts with proceeding on this date; (2) the Parties would have up
to two weeks to try this matter prior to the Thanksgiving Holiday; (3) this two-week time period
should not conflict with holiday travel plans; and (4) both Kinford and Tasker are available
during the entire two-week period to testify as needed.
9. If the Court is not agreeable to a November 10, 2014 trial date after considering
this motion, MiX asks the Court to maintain the December 8, 2014 setting because the financial
hardship caused by the current agreed temporary injunction outweighs the hardship caused by
rescheduling the annual sales conference.
10. This matter is set to be decided by written submission on August 26, 2014.
WHEREFORE, premises considered, Defendant MiX Telematics North America, Inc.
respectfully requests that this Court enter an order special setting a trial in this matter for
November 10, 2014, and for all other relief to which it may be justly entitled.
DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 3 of 5
Cause No. 048-272569-14,
Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc.
048-272569-14
August 20, 2014 Respectfully submitted,
AKERMAN LLP
/s/ D. Stewart Clancy D.
Stewart Clancy, SBN: 24027926
stewart.clancy@akerman.com
Attorney-in-Charge
Adam Nunnallee, SBN: 24057453
adam.nunnallee@akerman.com
AKERMAN LLP
2001 Ross Avenue, Suite 2550
Dallas, Texas 75201
Telephone: 214.720.4300
Facsimile: 214.981.9339
-and-
Eric A. Gordon
Admitted Pro Hac Vice
Florida Bar No. 071341
eric.gordon@akerman.com
Andrew M. Loewenstein
Admitted Pro Hac Vice
Florida Bar No. 073096
andrew.loewenstein@akerman.com
222 Lakeview Avenue, Suite 400
West Palm Beach, FL 33401
Tel: (561) 653-5000
Fax: (561) 659-6313
-and-
Richard D. Tuschman
Admitted Pro Hac Vice
Florida Bar No. 907480
richard.tuschman@akerman.com
One S.E. Third Avenue, 25th Floor
Miami, FL 33131
Tel: (305) 982-5530
Fax: (305) 374-5095
ATTORNEYS FOR DEFENDANT
MIX TELEMATICS NORTH
AMERICA, INC.
DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 4 of 5
Cause No. 048-272569-14,
Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc.
048-272569-14
CERTIFICATE OF CONFERENCE
A conference was held on August 20, 2014 with James Ray on the merits of this motion.
A reasonable effort has been made to resolve the dispute without the necessity of court
intervention and the effort failed. Therefore, it is presented to the Court for determination.
/s/ D. Stewart Clancy
D. Stewart Clancy
CERTIFICATE OF SERVICE
I hereby certify that on August 20, 2014, a true and correct copy of the foregoing was
served as follows:
Mary Goodrich Nix
Munsch Hardt Kopf & Harr, P.C.
500 North Akard Street, Suite 3800
Dallas, Texas 75201
Telephone: 214-855-7500
Facsimile: 214-855-7584
VIA EMAIL mnix@munsch.com
/s/ D. Stewart Clancy
D. Stewart Clancy
DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 5 of 5
Cause No. 048-272569-14,
Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc.
Preview
048-272569-14 FILED TARRANT COUNTY 8/20/2014 12:07:16 PM THOMAS A. WILDER CAUSE NO. 048-272569-14 DISTRICT CLERK INTHINC TECHNOLOGY § IN THE DISTRICT COURT SOLUTIONS, INC., § § Plaintiff, § § v. § 48th JUDICIAL DISTRICT § MIX TELEMATICS NORTH § AMERICA, INC., § § Defendant. § TARRANT COUNTY, TEXAS DEFENDANT’S MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Defendant MiX Telematics North America, Inc. ("MiX" or "Defendant") files its motion for reconsideration of the current trial setting, asking the Court for a special trial setting of November 10, 2014, and states as follows: 1. On August 12, 2014, the Court heard oral argument on the proposed trial dates from MiX and Plaintiff, inThinc Technology Solutions, Inc. ("inThinc" or "Plaintiff"). 2. MiX proposed a trial date in October 2014, inThinc proposed a trial date in March 2015, and potential trial dates of November 10, 2014 and December 8, 2014 were considered. As set forth below, an anticipated party and a key witness each have conflicts with the December 8, 2014 trial date, and thus MiX asks this Court to special set the trial for November 10, 2014. 3. On June 6, 2014, inThinc filed suit in Utah against Charles "Skip" Kinford ("Kinford") and MiX (MiX was later voluntarily dismissed) (the "Utah Litigation").1 In the Utah Litigation, inThinc seeks to enjoin Kinford, MiX's Chief Executive Officer (CEO),2 from being employed by MiX and from otherwise using or disclosing inThinc's confidential information. As stated in the agreement read into the record on August 12, 2014 and entered pursuant to Texas 1 Inthinc Technology Solutions, Inc. v. Kinford, Case No. 2:14-cv-00428-CW, District of Utah. 2 See Affidavit of Charles Kinford ("Kinford Affidavit"), which is attached as Exhibit "A", ¶ 2. DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 1 of 5 Cause No. 048-272569-14, Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc. 048-272569-14 Rule of Civil Procedure 11, the parties agreed to consolidate the Utah Litigation with this action, and we anticipate inThinc naming Kinford as a party in their amended pleadings in this action. 4. Charles Tasker ("Tasker") is the Group Chief Operating Officer of MiX Telematics Limited ("MiX Limited"), which owns 100% of MiX, and Tasker is designated as the corporate representative for MiX in this litigation.3 5. MiX Limited's annual sales conference is scheduled for December 8, 2014 through December 11, 2014 in Dubai, United Arab Emirates.4 Thirty-six (36) senior employees of MiX Limited, including Tasker and Kinford, are scheduled to attend the conference.5 These members of the MiX Limited team were first scheduled to attend the conference in June 2014, and will travel from all over the world.6 Tasker is the organizer and most senior employee scheduled to attend the conference, and has attended the annual sales conference each year since 2008.7 6. The absence of Tasker or Kinford from the sales conference would create a substantial hardship on MiX, and rescheduling the conference would cause substantial financial hardship on MiX due to the costs associated with changing travel arrangements and conference bookings.8 7. It is anticipated that Plaintiff's Counsel intends to call both Kinford and Tasker during the presentation of its case, and the absence of Kinford and Tasker would prejudice MiX in defending itself in this action. 3 See Affidavit of Charles Tasker ("Tasker Affidavit"), attached hereto as Exhibit "B", ¶ 2. 4 See id., ¶ 3. 5 See Tasker Affidavit, ¶ 3; Kinford Affidavit ¶ 3. 6 See id. 7 See Tasker Affidavit, ¶ 4. 8 See id., ¶¶ 5 and 6; Kinford Affidavit, ¶ 4. DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 2 of 5 Cause No. 048-272569-14, Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc. 048-272569-14 8. MiX proposes a November 10, 2014 trial date because: (1) Plaintiff's Lead Counsel did not express any conflicts with proceeding on this date; (2) the Parties would have up to two weeks to try this matter prior to the Thanksgiving Holiday; (3) this two-week time period should not conflict with holiday travel plans; and (4) both Kinford and Tasker are available during the entire two-week period to testify as needed. 9. If the Court is not agreeable to a November 10, 2014 trial date after considering this motion, MiX asks the Court to maintain the December 8, 2014 setting because the financial hardship caused by the current agreed temporary injunction outweighs the hardship caused by rescheduling the annual sales conference. 10. This matter is set to be decided by written submission on August 26, 2014. WHEREFORE, premises considered, Defendant MiX Telematics North America, Inc. respectfully requests that this Court enter an order special setting a trial in this matter for November 10, 2014, and for all other relief to which it may be justly entitled. DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 3 of 5 Cause No. 048-272569-14, Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc. 048-272569-14 August 20, 2014 Respectfully submitted, AKERMAN LLP /s/ D. Stewart Clancy D. Stewart Clancy, SBN: 24027926 stewart.clancy@akerman.com Attorney-in-Charge Adam Nunnallee, SBN: 24057453 adam.nunnallee@akerman.com AKERMAN LLP 2001 Ross Avenue, Suite 2550 Dallas, Texas 75201 Telephone: 214.720.4300 Facsimile: 214.981.9339 -and- Eric A. Gordon Admitted Pro Hac Vice Florida Bar No. 071341 eric.gordon@akerman.com Andrew M. Loewenstein Admitted Pro Hac Vice Florida Bar No. 073096 andrew.loewenstein@akerman.com 222 Lakeview Avenue, Suite 400 West Palm Beach, FL 33401 Tel: (561) 653-5000 Fax: (561) 659-6313 -and- Richard D. Tuschman Admitted Pro Hac Vice Florida Bar No. 907480 richard.tuschman@akerman.com One S.E. Third Avenue, 25th Floor Miami, FL 33131 Tel: (305) 982-5530 Fax: (305) 374-5095 ATTORNEYS FOR DEFENDANT MIX TELEMATICS NORTH AMERICA, INC. DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 4 of 5 Cause No. 048-272569-14, Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc. 048-272569-14 CERTIFICATE OF CONFERENCE A conference was held on August 20, 2014 with James Ray on the merits of this motion. A reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed. Therefore, it is presented to the Court for determination. /s/ D. Stewart Clancy D. Stewart Clancy CERTIFICATE OF SERVICE I hereby certify that on August 20, 2014, a true and correct copy of the foregoing was served as follows: Mary Goodrich Nix Munsch Hardt Kopf & Harr, P.C. 500 North Akard Street, Suite 3800 Dallas, Texas 75201 Telephone: 214-855-7500 Facsimile: 214-855-7584 VIA EMAIL mnix@munsch.com /s/ D. Stewart Clancy D. Stewart Clancy DEFENDANTS' MOTION FOR RECONSIDERATION OF THE CURRENT TRIAL SETTING Page 5 of 5 Cause No. 048-272569-14, Inthinc Technology Solutions, Inc. v. MiX Telematics North America, Inc.