Ditch Witch of Charlotte, Inc. v. Bandit Industries, Inc.

Filing 7

ORDER granting 5 Motion for leave to take early discovery. Signed by Senior Judge Graham Mullen on 05/11/2015. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No. 3:15-cv-181
DITCH WITCH OF CHARLOTTE, INC.,
d/b/a Ditch Witch of the Carolinas,
Plaintiff,
v.

ORDER

BANDIT INDUSTRIES, INC.,
Defendant.

THIS MATTER came before the Court on the Plaintiff’s Motion for Leave to Take Early
Discovery, pursuant to Rule 26(d)(1) of the Federal Rules of Civil Procedure and Local Rule
16.1(F). Pursuant to Local Rule 7.1, the matter was considered without oral argument.
The Court has fully considered the matter and finds that good cause exists to grant the
motion, for the reasons set forth in the Plaintiff’s Motion and Memorandum in Support.
It is hereby ORDERED and adjudged that Plaintiff’s motion is GRANTED. Accordingly,
it is ORDERED that:
1. The Defendant shall, within thirty (30) days from the date of this Order, produce for
inspection and copying documents responsive to “Plaintiff’s Expedited Request for
Production of Documents to Defendant,” attached as Exhibit 1 to the Plaintiff’s Motion for
Leave to Take Early Discovery.
2. The Plaintiff is permitted to serve a subpoena duces tecum on Yancey Bros. Co, seeking
communications between Yancey Bros. Co. and any agent or employee of the Defendant.

3. The Plaintiff is permitted, within thirty (30) days from the date of this Order, to take the
depositions of the following persons: Jerry Morey, President of Bandit Industries, Inc.;
Jason Morey, Sales Manager at Bandit Industries, Inc.; and Alan Hyman, Regional Sales
Manager at Bandit Industries, Inc. At this stage, deposition questions will be limited only
to areas of inquiry relevant to the Plaintiff’s motion for preliminary injunction.
IT IS SO ORDERED.
Signed: May 11, 2015.
Signed: May 11, 2015

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