CSDVRS, LLC v. Purple Communications, Inc. et al

Filing 44

ORDER: Plaintiff's Motion to Engage in Limited Expedited Discovery to Determine Defendant's Alleged Basis for Removal and Defendant Aupix's Claims of Lack of Personal Jurisdiction 42 is denied. Signed by Judge James S. Moody, Jr on 9/12/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

CSDVRS, LLC,
Plaintiff,
v.

Case No: 8:13-cv-1811-T-30AEP

PURPLE COMMUNICATIONS, INC.
and AUPIX, LTD.,
Defendants.

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion to Engage in Limited
Expedited Discovery to Determine Defendant’s Alleged Basis for Removal and Defendant
Aupix’s Claims of Lack of Personal Jurisdiction (Dkt. #42) and Defendant Purple
Communication, Inc.’s Opposition (Dkt. #43). The Court having reviewed the pleadings and
being otherwise advised of the premises, the court concludes that the Motion should be denied.
The Court granted Defendant Purple Communication, Inc.’s Motion for Limited
Expedited Discovery to Adequately Respond to Plaintiff’s Pending Motion to Remand (Dkt.
#26). The Order specifically allowed “the parties to conduct discovery limited to jurisdictional
issues regarding the citizenship of the parties.” (Dkt. #41). Plaintiff’s Motion essentially seeks
discovery of evidence that Purple Communications, Inc. or its attorneys violated Rule 11 of the
Federal Rules of Civil Procedure. Rule 11 discovery is an extraordinary measure, and the Court
concludes that Plaintiff’s request it is not warranted at this time. Further, this Court entered an
Order staying discovery as to Defendant Aupix, Ltd. pending adjudication of its Motion to

Dismiss Complaint (Dkt. #13). Therefore, Plaintiff’s request for discovery regarding the Court’s
personal jurisdiction over Aupix, Ltd. is also denied.
It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion to Engage in Limited Expedited Discovery to Determine

Defendant’s Alleged Basis for Removal and Defendant Aupix’s Claims of Lack of Personal
Jurisdiction (Dkt. #42) is denied.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2013\13‐cv‐1811 discovery 41.docx