Byrd et al v. Drive Electric, LLC et al

Filing 37

ORDERED that if the district judge denies the motion to dismiss, the parties shall present a proposed scheduling Order within 14 days after the denial order is served. Signed by Magistrate Judge G. R. Smith on 2/17/16. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
RICHARD BYRD and AMANDA
BYRD,
Plaintiffs,
v.

Case No. CV415-120

DRIVE ELECTRIC, LLC et al.,
Defendants.

ORDER
Before the Court in this products liability case is the parties’ Fed.
R. Civ. P. 26(f) report. Doc. 36. In it Suzhou Eagle Electric Vehicle
Manufacturing (the only defendant to respond or appear) and plaintiffs
illuminate several discovery issues: (1) whether to allow jurisdictional
discovery; (2) how that discovery, if allowed, should proceed; and (3) how
long a jurisdictional discovery period should last. See id.
All three issues, however, inextricably intertwine with Suzhou’s
motion to dismiss for lack of personal jurisdiction currently pending
before the district judge. Doc. 28. Accordingly, the Court finds good
cause to delay entry of a Scheduling Order, and a decision on how

discovery should proceed, until after the district judge rules on Suzhou’s
motion.

See Fed. R. Civ. P. 16(b)(2) (judges may delay entry of

scheduling orders upon a finding of good cause). Should the district
judge deny that motion, the parties shall present a proposed Scheduling
Order within 14 days after the denial order is served.
If the district judge allows for jurisdictional discovery before
deciding the motion, the parties shall brief whether the Hague
Convention on the Taking of Evidence Abroad, 28 U.S.C. § 1781, should
govern such discovery. Suzhou’s Hague brief is due 14 days after a
decision by the district judge to allow jurisdictional discovery. Plaintiffs’
Hague response brief is due 14 days after Suzhou’s. The parties also
must submit a proposed scheduling order for jurisdictional discovery
within 14 days of the district judge’s decision that accounts for the
briefing schedule outlined above.

SO ORDERED, this 17th day of February, 2016.
•-r•/ ..- 7

•'/

UMTED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

2