Melaleuca Inc v. Bartholomew et al

Filing 39

ORDER granting 38 Stipulation Regarding Expedited Discovery. Either or both parties may file a motion for reconsideration, summary judgment or for modification of the preliminary injunction entered in this case on or before 8/27/2012. Opposition me moranda to any such motion shall be filed on or before 9/10/2012, and reply memoranda shall be filed on or before 9/24/2012. The Court will schedule a hearing on any such motion thereafter. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

MELALEUCA INC., an Idaho
corporation,
Case No. 4:12-cv-00216-BLW

Plaintiff,
v.

ORDER

BRIAN BARTHOLOMEW and
ANGELIQUE BARTHOLOMEW,
husband and wife
Defendant.

The Court has before it the Amended Stipulation Regarding Expedited Discovery
(Dkt. 38). Good cause appearing, the Court will grant the stipulation.
ORDER
IT IS ORDERED THAT:
1.

The Amended Stipulation Regarding Expedited Discovery (Dkt. 38) is
GRANTED as follows:
a. Except for the depositions of the defendants, this accelerated discovery
shall be limited to the issue of the reasonableness of the non-solicitation
provision in Melaleuca’s Statement of Policies as it relates to personally
enrolled marketing executives;
b. To avoid the necessity of multiple depositions of defendants, the
depositions of defendants can relate to all matters at issue in the case.

ORDER - 1

c. Either or both parties may file a motion for reconsideration, summary
judgment or for modification of the preliminary injunction entered in
this case on or before August 27, 2012. Any such motion for summary
judgment shall not preclude the filing party from filing a subsequent
motion for summary judgment in the case pursuant to the rules or order
of the Court.
d. Opposition memoranda to any such motion shall be filed on or before
September 10, 2012, and reply memoranda shall be filed on or before
September 24, 2012. The Court will schedule a hearing on any such
motion thereafter.
e. The parties may serve requests for production of documents related to
the issue identified in Paragraph a above but interrogatories will not be
used in connection with the agreed accelerated discovery.

DATED: July 16, 2012

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2