Cooperative Regions of Organic Producer Pools v. Stueve's Certified Organic Dairy et al

Filing 25

ORDER signed by Judge Garland E. Burrell, Jr on 8/8/2014 ORDERING Defendant's Request for Expedited Discovery is DENIED. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COOPERATIVE REGIONS OF
ORGANIC PRODUCER POOLS, a
Wisconsin Stock Cooperative,

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No. 1:14-cv-01123-GEB-SKO

ORDER DENYING DEFENDANTS’
REQUEST FOR EXPEDITED DISCOVERY

Plaintiff,
v.
STUEVE’S CERTIFIED ORGANIC
DAIRY, a California business
entity of unknown form; LLOYD
L. STUEVE, individually and
doing business as Stueve’s
Certified Organic Dairy; GAGE
STUEVE, individually and
doing business as Stueve’s
Certified Organic Dairy; and
DOES 1 through 50, inclusive,
Defendants.

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Defendants filed a letter under penalty of perjury on

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August 7, 2014, in which they seek the opportunity to conduct

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“limited

discovery

prior

to

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required

to

their

[opposition]

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preliminary injunction motion. (Defs.’ Letter p. 2, ECF No. 19.)

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However, Defendants’ counsel avers in the letter that Plaintiff’s

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preliminary injunction evidence concerning irreparable harm “is

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rife with generalities . . . , and does not contain any specific

file

the

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deadline

on

brief”

which
to

they

are

Plaintiff’s

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facts that would support the granting of the motion.” (Id.) These

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averments do not support Defendants’ request for the referenced

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expedited discovery since the essence of Defendants’ argument is

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that the preliminary injunction motion lacks facts justifying the

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issuance of an injunction.

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Since

Defendants’

averments

do

not

support

their

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request for the referenced expedited discovery, it is denied.

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Dated:

August 8, 2014

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