J.B. Hunt Transport, Inc. v. Freightliner Corporation et al

Filing 21

ORDER granting in part and denying in part 11 Motion to Continue, the hearing in question is rescheduled from 1/18/08 to 2/26/08; granting 14 Motion to Quash filed by defts Freightliner & Detroit Diesel; denying as moot Allianz Insurance Co's 15 Motion to Quash. Signed by Honorable Jimm Larry Hendren on February 1, 2008. (ct)

J.B. Hunt Transport, Inc. v. Freightliner Corporation et al

Doc. 21

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION J.B. HUNT TRANSPORT, INC. v. Civil No. 07-5235 PLAINTIFF

FREIGHTLINER CORPORATION; FREIGHTLINER LLC; BILL HINSON; and DETROIT DIESEL CORPORATION ALLIANZ INSURANCE COMPANY ORDER Now on this 1st day of February, 2008,

DEFENDANTS INTERVENOR

come

on

for

consideration the following motions: * plaintiff's Combined Motion For Continuance And Motion

To Expedite Discovery (document #11); * The Defendants Freightliner Corporation, now existing as

Freightliner, LLC, and Detroit Diesel Corporation's Motion to in [sic] Opposition to the Plaintiff's Motion to Expedite Discovery and to Quash the Plaintiff's Subpoena Duces Tecum (document #14); and * Allianz Insurance Company's Motion To Quash Plaintiff's

Subpoena Duces Tecum (document #15), and from said motions, and the responses thereto, the Court finds and orders as follows: 1. Intervenor Allianz Insurance Company ("Allianz") has

moved this Court to vacate a Temporary Restraining Order granted by the Circuit Court of Washington County, Arkansas, from whence

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this case was removed.

It requested an expedited hearing on the

matter, and a hearing was scheduled for January 18, 2008. 2. for a Plaintiff J.B. Hunt Transport, Inc. ("J.B. Hunt") moved continuance of the the hearing noticed date, and for of expedited corporate

discovery,

specifically

depositions

representatives of Detroit Diesel Corporation ("Detroit Diesel"); Freightliner Corporation and Freightliner, LLC (collectively

"Freightliner"); and Allianz.

All parties subject to these

notices of depositions (and subpoenas duces tecum which apparently were served in connection therewith) have moved to quash. 3. J.B. Hunt's motion will be granted insofar as it The

requests a continuance of the January 18, 2008, hearing.

hearing in question has been rescheduled for February 26, 2008. 4. Allianz does not object to the deposition of its

corporate representative, but does object to that person being required to travel to Arkansas for the purpose of the deposition. J.B. Hunt responds that it is agreeable to taking this deposition in California, which is apparently where the witness in question is located. Thus, J.B. Hunt's motion for expedited discovery - as to this deposition - and the motion of Allianz to quash, will be denied as moot. 5. Detroit Diesel and Freightliner contend that there is no

basis for deviation from the basic discovery schedule outlined in F.R.C.P. 26, and no stipulation between them and J.B. Hunt to so

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deviate.

They also contend that the information sought by J.B.

Hunt is protected by both the attorney-client privilege and the attorney work product doctrine. Finally, Freightliner contends

that there is no basis to require its corporate representative to travel from Portland, Oregon, to Rogers, Arkansas, for deposition, especially on short notice. J.B. Hunt responds that "it will be essential to J.B. Hunt to prove that there was a principal/agent relationship by and between Freightliner, DDC and Allianz." It contends that the deposition

it desires of the corporate representatives of Freightliner and Detroit Diesel is "for the purpose of proving that this

relationship existed at all relevant times and that Allianz was bound by the Confidential Agreement." It promises not to get into

privileged matters, and indicates a willingness to cooperate in the location of the depositions. The Court is not persuaded of the merits of J.B. Hunt's request for expedited discovery over the objection of these parties. It appears that the matter to be taken up at the hearing

on February 26, 2008, is basically one of contract, governed primarily if not exclusively by the text of documents already available to J.B. Hunt and by legal precepts. In addition,

because Allianz does not oppose the deposition of its corporate representative, J.B. Hunt will have the opportunity to develop any additional facts directly from the entity it seeks to bind by way

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of restraining order. For these reasons, the Court finds that the motion to quash of Freightliner and Detroit Diesel should be granted. IT IS THEREFORE ORDERED that plaintiff's Combined Motion For Continuance And Motion To Expedite Discovery (document #11) is granted in part and denied in part. The motion is granted as to

the request for continuance, and denied as to all other issues. IT IS FURTHER ORDERED that The Defendants Freightliner

Corporation, now existing as Freightliner, LLC, and Detroit Diesel Corporation's Motion to in [sic] Opposition to the Plaintiff's Motion to Expedite Discovery and to Quash the Plaintiff's Subpoena Duces Tecum (document #14) is granted. IT IS FURTHER ORDERED that Allianz Insurance Company's Motion To Quash Plaintiff's Subpoena Duces Tecum (document #15) is denied as moot. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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