Synovus Bank v. Schaur
ORDER granting in part 8 Motion to conduct jurisdictional Discovery, Pltf allowed 45 days to conduct such discovery; and granting in part 10 Motion for Extension of Time to file a Response to Deft's Motion to Dismiss, Pltf shall have 10 days from close of jurisdictional discovery to file such Response. Signed by Magistrate Judge Dennis Howell on 10/13/11. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
Defendant moves to dismiss this action on the basis that the Court lacks
personal jurisdiction over him. In support of his motion, Defendant has submitted an
affidavit, as well as several other exhibits.
Plaintiff requests that the Court allow
limited jurisdictional discovery in this case and extend the time period for responding
to the Motion to Dismiss until after the completion of this discovery.
District courts may exercise their discretion and allow a plaintiff to conduct
jurisdictional discovery, provided that the Plaintiff is not conducting a “fishing
expedition in the hopes of discovering some basis of jurisdiction . . . .” Base Metal
Trading, Ltd. v. OJSC “Novokuznetsky Aluminum Factory, 283 F.3d 208, 216 n.3
(4th Cir. 2002); see also Szulik v. TAG Virgin Islands, Inc., 783 F. Supp. 2d 792
(E.D.N.C. 2011). Upon a review of Defendant’s Motion to Dismiss, the Court finds
that limited jurisdictional discovery is warranted in this case. Accordingly, the Court
GRANTS in part the Motion for Discovery [# 8] and GRANTS in part the Motion
for Extension of Time [# 10].
The Court will allow Plaintiff forty-five (45) days to conduct jurisdictional
discovery. Plaintiff may take the deposition of Defendant Alexander Shaur. The
deposition shall not exceed 2 hours and is limited to the issue of whether the Court has
personal jurisdiction over Defendant Shaur. Absent a specific showing that other
depositions are necessary, Plaintiff is limited to taking the deposition of Defendant
Shaur during the jurisdictional discovery period. The Court will also allow Plaintiff
leave to serve ten (10) interrogatories on Defendant Shaur. Defendant Shaur shall
respond to the interrogatories within fourteen (14) days of service. The Court,
however, will not allow any requests for production of documents. Finally, Plaintiff
shall have ten (10) days from the close of jurisdictional discovery to file a response
to the Motion to Dismiss.
Signed: October 13, 2011