Baskin-Robbins Franchising, LLC v. N and J's, Incorporated

Filing 47

ORDER granting Plaintiff/Counter Defendants' 46 Motion to Quash Defendants/Counter-Plaintiffs' Notice of Taking Records Deposition of John Foguth. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BASKIN-ROBBINS FRANCHISING LLC, et al., Plaintiffs/Counter-Defendants, v. N & J's, INC., et al., Defendants/Counter-Plaintiffs. / ORDER GRANTING PLAINTIFFS/COUNTER-DEFENDANTS' "MOTION TO QUASH DEFENDANTS' NOTICE OF TAKING RECORDS DEPOSITION OF JOHN FOGUTH" On December 21, 2009, Defendants/Counter-Plaintiffs N & J's, Inc. and Nadica Milosevski-Edwards ("Defendants") provided Plaintiffs/Counter-Defendants BaskinRobbins Franchising LLC and BR IP Holder LLC ("Plaintiffs") with notice that Defendants were going to take the records deposition of non-party John Foguth on January 5, 2010. Plaintiffs filed a "Motion to Quash Defendants' Notice of Taking Records Deposition of John Foguth" on December 30, 2009. A telephone conference was held regarding this motion on January 4, 2010. For the reasons stated on the record, IT IS ORDERED that the "Motion to Quash Defendants' Notice of Taking Records Deposition of John Foguth" [Dkt. # 46] is GRANTED. The notice of taking Case No. 08-15322

records deposition is quashed without prejudice. After resolution of the pending motions for summary judgment, Defendants are free to renew their demand for certain records from John Foguth, if necessary and after consultation with Plaintiffs. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: January 5, 2010 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, January 5, 2010, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\08-15322.BASKIN-ROBBINS.MotiontoQuash.npk.wpd

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