Atlantic Pinstriping, LLC et al v. Atlantic Pinstriping Traid, LLC et al

Filing 73

ORDER granting 61 Motion to Compel Compliance with Subpoena. Fineline Pinstriping, LLC and Alan Rosenberg are hereby directed to produce all responsive documents no later than seven days from entry of this Order and to sit for a deposition no later than 14 days from entry of this Order; and IT IS FURTHER ORDERED that Atlantic shall submit a declaration setting forth the attorneys fees and costs incurred in connection with this motion.Signed: November Signed by Senior Judge Graham Mullen on 11/29/17. (mga)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Atlantic Pinstriping, LLC, and
Michael Montemurro,
Plaintiffs,
v.
Atlantic Pinstriping Triad, LLC,
Atlantic Dealer Services Coastal, LLC,
Tony Horne,
William E. Horne, and
Jerry W. Parker,
Defendants.

) Case No.: 3:16-CV-547-GCM
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ORDER
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This matter is before the Court upon Plaintiff Atlantic Pinstriping, LLC’s Motion to
Compel Compliance with Subpoena. Atlantic requests that the Court compel third parties Fineline
Pinstriping, LLC (“Fineline”) and Alan Rosenberg to comply with the third-party subpoena issued
by the arbitrator in the underlying arbitration and served on them by Atlantic.
The Court has read the briefs and reviewed the submissions of the parties. The Court finds
that the arbitrator was authorized to issue the third-party subpoenas under N.C. Gen. Stat. § 1569.17(d). In any event, Plaintiff has made a sufficient showing of special need and hardship
because the information it seeks is otherwise unavailable. See COMSTAT Corp. v. Nat’l Sci.
Found., 190 F.3d 269, 278 (4th Cir. 1999).
IT IS THEREFORE ORDERED that the Motion to Compel Compliance with Subpoena is
hereby GRANTED, and Fineline Pinstriping, LLC and Alan Rosenberg are hereby directed to
produce all responsive documents no later than seven days from entry of this Order and to sit for
a deposition no later than 14 days from entry of this Order; and

IT IS FURTHER ORDERED that Atlantic shall submit a declaration setting forth the
attorneys’ fees and costs incurred in connection with this motion.

Signed: November 29, 2017