Viva Healthcare Packaging Ltd et al v. CTL Packaging USA Inc et al

Filing 139

ORDER granting 113 Motion to Compel. Within thirty days of this Order, Plaintiffs shall produce all such responsive documents in their control and in Zestrons possession, and designate an individual to be deposed; denying as moot 131 Motion for Hearing. Signed by Magistrate Judge David S. Cayer on 9/8/2015. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Viva Healthcare Packaging Ltd., Viva
Healthcare Packaging (HK) Ltd., and Viva
Healthcare Packaging (USA) Inc.,

3:13-cv-569-MOC-DSC

Plaintiffs,
v.
CTL Packaging USA, Inc. and Tuboplast
Hispania,
Defendants.
CTL Packaging USA, Inc.,

ORDER

Counterclaim Plaintiff,
v.
Viva Healthcare Packaging Ltd., Viva
Healthcare Packaging (HK) Ltd., and Viva
Healthcare Packaging (USA) Inc.,
Counterclaim Defendants.

THIS MATTER is before the Court on Defendants’ “Motion to Compel”
(document #113) and “Motion for a Hearing …” (document #131), as well as the
parties’ associated briefs and exhibits.
Defendants seek an order compelling Plaintiffs (1) to produce documents
under their control and in the possession of Zestron Research Pty Ltd. (“Zestron”)
and (2) to designate an individual who will testify concerning information and
documents in Zestron’s possession pursuant to Fed. R. Civ. P. 30(b)(6) and the
Notice of Deposition served upon Plaintiffs.

The parties disagree as to whether

Defendants may seek production from Plaintiffs or directly from Zestron through

the Hague Convention. There is no dispute that the documents and testimony at
issue are discoverable. For the reasons stated in Defendants’ briefs, their Motion to
Compel (document #113) is GRANTED.
Within thirty days of this Order, Plaintiffs shall produce all such responsive
documents in their control and in Zestron’s possession, and designate an individual
to be deposed.
Defendants’ “Motion for a Hearing …” (document #131) is DENIED AS
MOOT.
The Clerk is directed to send copies of this Order to counsel of the parties and
to the Honorable Max O. Cogburn, Jr.
SO ORDERED.