CSI1000, Inc. v. Bishop Technologies, Inc. et al

Filing 42

ORDER granting in part and denying in part 39 Motion to Compel. Signed by Senior Judge Graham Mullen on 1/24/2014. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CSI1000, INC. d/b/a ARCHIVE1024;
Plaintiff,

CIVIL ACTION NO: 3:13-cv-638

vs.
BISHOP TECHNOLOGIES, INC.;
ARCHIVE360, INC.; ROBERT (“Bob”)
DeSTENO; MARGARET DeSTENO;
NICHOLAS (“Nick”) CZECZULIN;
TIBERIU (“Tibi”) POPP; ADELINA POPP;
FIVE TIMES, LLC; RBD CONSULTING,
LLC; and DALE MCVEEN,

ORDER

Defendants.

THIS MATTER is before the Court on Defendants’ Motion to Compel Financial
Records (Doc. No. 39) and Plaintiff’s Memorandum in Opposition (Doc. No. 41). The Court
previously ordered a hearing on Plaintiff’s Motion for a Preliminary Injunction, scheduled for
Friday January 31, 2014, and in advance of that hearing, ordered expedited discovery (Doc. Nos.
19 & 21). Pursuant to those orders, and for good cause shown, Defendants’ Motion is
GRANTED in part and DENIED in part.
To the extent that Defendants request the production of banking records for the accounts
associated with Archive1024, the Court finds that these records are relevant to these proceedings
as an accounting of the business at issue. To the extent that Defendants request the banking
records of CSI1000, Inc., and Mr. Mojica personally, the Court finds that, at this early stage in
the litigation, these records are not relevant to the preliminary injunction determination
contemplated in the Court’s orders for expedited discovery.

IT IS THEREFORE ORDERED that Defendants’ Motion is GRANTED insofar as
Plaintiff, in response to Defendant’s requests for production numbers 38, 39, and 43, is ordered
to produce all banking records associated with Archive1024 through the present time within
three (3) days of the date of this order.
Defendant’s Motion is DENIED insofar as:
1. The Court will not compel Defendant’s requests for production numbers 40,
41, 42, 44, and 45.
2. Defendants’ request for fees is DENIED.
SO ORDERED.

Signed: January 24, 2014

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