Synovus Bank v. Schaur

Filing 11

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv189 SYNOVUS BANK, Plaintiff, v. ALEXANDER SCHAUR, Defendant. ___________________________________ ) ) ) ) ) ) ) ) ) ) ORDER 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