USA Trouser, S.A. de C.V. v. International Legwear Group, Inc. et al

Filing 88

ORDER 67 Pltf's Objections to Magistrate Judge Howell's Order Denying Pltf's Second Motion to Compel and Appeal to District Court Judge and 69 Pltf's Objections to Magistrate Judge Howell's Order Denying Pltf's Motion for Leave to Take the Depositions of James A. Williams and Scott Andrews after the Deadline for the Completion of Fact Discovery and Appeal to District Court Judge are SUSTAINED to extent indicated in this Order; Supplement al Briefs in support of parties' respective motions for summary judgment to be filed on or before 11/13/12; (MOTION HEARING as to 55 , 57 and 60 MOTIONS for Summary Judgment SET for 11/21/2012 at 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger.) Signed by District Judge Martin Reidinger on 10/25/12. (ejb)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:11cv244 USA TROUSER, S.A. de C.V., ) ) Plaintiff, ) ) vs. ) ) INTERNATIONAL LEGWEAR ) GROUP, INC.; WILLIAM SHEELY; ) JOHN SANCHEZ; and SCOTT ) ANREWS, ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff’s Motion for Summary Judgment as to Plaintiff’s Claims against Defendant Scott Andrews [Doc. 55]; Plaintiff’s Motion for Summary Judgment as to Claims against the Individual Defendants John Sanchez and William Sheely [Doc. 57]; the Individual Defendants’ Motion for Summary Judgment [Doc. 60]; Plaintiff’s Objections to Magistrate Judge Howell’s Order Denying Plaintiff’s Second Motion to Compel and Appeal to District Court Judge [Doc. 67]; and Plaintiff’s Objections to Magistrate Judge Howell’s Order Denying Plaintiff’s Motion for Leave to Take the Depositions of James A. Williams and Scott Andrews after the Deadline for the Completion of Fact Discovery and Appeal to District Court Judge [Doc. 69]. The Court held a hearing on these matters on October 24, 2012. For the reasons stated in open court, IT IS, THEREFORE, ORDERED that the Plaintiff’s Objections to Magistrate Judge Howell’s Order Denying Plaintiff’s Second Motion to Compel and Appeal to District Court Judge [Doc. 67] and Plaintiff’s Objections to Magistrate Judge Howell’s Order Denying Plaintiff’s Motion for Leave to Take the Depositions of James A. Williams and Scott Andrews after the Deadline for the Completion of Fact Discovery and Appeal to District Court Judge [Doc. 69] are SUSTAINED to the extent as stated follows: (1) The Court will allow the discovery period to be extended for the limited purpose of allowing the Plaintiff to take a 30(b)(6) deposition of and/or seek non-party document production from International Legwear Group, Inc., James A. Williams, and/or Richelieu Ltd.; (2) Such document production shall occur on or before 9:00 am on November 5, 2012. It shall be the responsibility of Plaintiff to serve an adequate subpoena on the appropriate parties to identify 2 the documents and items to be produced and to compel such production. (3) The deposition of James A. Williams shall occur on November 6, 2012 beginning at 9:00 a.m. It shall be the Plaintiff’s responsibility to serve an adequate subpoena to compel the attendance of Mr. Williams. The Plaintiff shall have leave to depose Mr. Williams for up to seven (7) hours, while the Individual Defendants shall have leave to depose Mr. Williams for up to one (1) hour. (4) The deposition of Defendant Andrews shall occur on or before November 7, 2012 beginning at 9:00 a.m. Such deposition shall not exceed seven (7) hours. (5) Both the depositions of Mr. Williams and Mr. Andrews and such production of documents shall take place at the office of Plaintiff’s counsel, unless the parties agree otherwise. IT IS FURTHER ORDERED that the parties shall have leave to file supplemental briefs in support of their respective motions for summary judgment on or before November 13, 2012. Such supplemental briefs shall not exceed seven (7) pages in length and shall be double-spaced and in 3 fourteen (14) point font. The parties may also file documents that supplement their respective forecasts of evidence on or before the same deadline. IT IS FURTHER ORDERED that the Court will conduct the hearing on the parties’ motions for summary judgment on November 21, 2012 at 9:00 a.m. IT IS SO ORDERED. Signed: October 25, 2012 4

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