Ecolab Inc. v. Krasner et al

Filing 11

ORDER Denying without prejudice Plaintiff's 9 Motion for Limited Expedited Discovery. Signed by Magistrate Judge Carl W. Hoffman on 11/30/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ECOLAB, INC.,

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Plaintiff,
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v.
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JONATHAN H. KRASNER, et al,
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Defendants.
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_______________________________________ )

Case No. 2:16-cv-02679-APG-CWH

ORDER

Presently before the court is Plaintiff’s motion for limited expedited discovery (ECF No. 9),

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filed on November 29, 2016. Plaintiff requests leave of the court to engage in limited discovery

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before the parties have had a discovery conference, and before Defendants have made a formal

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appearance in this case.

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In support of this request, Plaintiff relies on five factors used by courts to determine whether

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good cause exists to allow for expedited discovery: (1) whether a preliminary injunction is pending,

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(2) the breadth of the discovery requests, (3) the purpose for requesting the expedited discovery, (4)

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the burden on the defendants to comply with the requests, and (5) how far in advance of the typical

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discovery process the request was made. American LegalNet, Inc. v. Davis, 673 F. Supp 2d 1063

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(C.D. Cal. 2009).

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However, with regard to several of these factors, Plaintiff has not provided the court with

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sufficient information to determine whether or not there is good cause for expedited discovery.

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Specifically, Plaintiff proposes only a limit to the amount of discovery, not to its breadth. Nor does

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Plaintiff show that its proposed discovery would not be unduly burdensome to Defendants.

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Additionally, there is currently no preliminary injunction pending, merely an expressed intent by

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Plaintiff to file one. Therefore, the court does not find good cause at this point to order expedited

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discovery.

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IT IS THEREFORE ORDERED that Plaintiff’s motion for limited expedited discovery (ECF
No. 9) is DENIED without prejudice.

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DATED: November 30, 2016.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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