Clark Material Handling Company v. Toyota Material Handling U.S.A., Inc.

Filing 139

ORDER granting 125 Motion to Compel Deposition of Connie Davies ; granting 138 Motion for Leave to File Surreply in Opposition to Toyota's Motion to Compel Deposition of Connie Davies. Ms. Davies shall appear and give testimony as noticed on September 22, 2014. Signed by Magistrate Judge David S. Cayer on 9/19/2014. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:12CV510-MOC-DSC

CLARK MATERIAL HANDLING
COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
TOYOTA MATERIAL HANDLING
)
U.S.A., INC.,
)
)
Defendant.
)
____________________________________)

ORDER

THIS MATTER is before the Court on “Defendant Toyota Material Handling, U.S.A.,
Inc.’s Motion to Compel Deposition of Connie Davies” (document #125) filed September 3,
2014 and the parties’ associated briefs and exhibits. See documents ## 126, 127, 130, 137. On
September 19, 2014, Plaintiff filed “Clark’s Motion for Leave to File Surreply in Opposition to
Toyota’s Motion to Compel Deposition of Connie Davies” (document #138). These Motions
have been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b)(1), and
are now ripe for the Court’s consideration.
Clark’s Motion for Leave to File Surreply (document #138) is granted. For the reasons
set forth in Toyota’s Memorandum in Support (document #126) and Reply (document #137), the
Motion to Compel Deposition of Connie Davies is granted. Ms. Davies shall appear and give
testimony as noticed on September 22, 2014.
The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Max O. Cogburn, Jr.
1

SO ORDERED.
Signed: September 19, 2014

2