Pentair Water Pool and Spa, Inc. et al v. Hayward Industries, Inc. et al

Filing 44

ORDER granting 33 Motion for Scheduling Order, Expedited Discovery, and Briefing Schedule on Plaintiff's Motion for a Preliminary Injunction; granting 37 Motion for Extension of Time Until Resolution of Defendants' Motion for Scheduling Order, Expedited Discovery and Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction; denying as moot 41 Motion to Strike. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by US Magistrate Judge David W. Daniel on 10/26/2011. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5:11-CV-00459-F

PENTAIR WATER POOL AND SPA, INC. and
DANFOSS DRIVES NS,

)
)
)

Plaintiffs,

)

v.

)
)
)

HAYWARD INDUSTRIES, INC. and
HAYWARD POOL PRODUCTS, INC.,

ORDER

)
)
)

Defendants.

)

This matter is before the Court on Defendants' Motion for Scheduling Order, Expedited
Discovery, and Briefing Schedule on Plaintiffs' Motion for a Preliminary Injunction [DE-33],
Defendants' Motion for Extension of Time Until Resolution of Defendants' Motion for
Scheduling Order, Expedited Discovery and Briefing Schedule on Plaintiffs' Motion for
Preliminary Injunction [DE-37], and Plaintiffs' Motion to Strike Defendants' Reply in support of
its motions [DE-41]. On October 25, 2011, the Court held a telephonic hearing on the motions.
For good cause shown, the Defendants' motions [DE-33 & 37] are GRANTED and the
following briefing schedule is hereby ORDERED in conformity with the Court's oral ruling
during the hearing:
(l) Defendants may serve up to ten (l0) interrogatories and six (6) requests for
production, directly related to preliminary injunction motion, no later than October
31,2011.
(2) Plaintiffs' responses shall be due no later than November 10,2011.

(3) Plaintiffs shall make Zack Pickard and E. Randolph Collins, Jr. available for
deposition no later than November 23, 2011.
(4) Defendants' response to Plaintiffs' Motion for Preliminary Injunction is due no later
than December 2, 2011.
(5) Plaintiffs may serve up to ten (10) interrogatories and six (6) requests for production,
directly related to Defendants' response, and two (2) deposition notices, limited to
declarants in support of Defendants' response, no later than December 8, 2011.
(6) Defendants' responses shall be due no later than December 19,2011.
(7) Defendants shall make the noticed deponents available for deposition no later than
December 24, 2011.

(8) Plaintiffs' reply shall be due no later than December 30,2011.

Plaintiffs' Motion to Strike Defendants' Reply in support of its motions [DE-41] is
DENIED AS MOOT.

k-

This the ~ day of October, 2011.

tL A
DAvmSA~·

United States Magistrate Judge

2