Blevins v. LivaNova PLC et al

Filing 42

ORDER granting Pltf's 36 Motion For Leave To Take Jurisdictional Discovery, with modification, (see Order for details); and Pltf shall file a supplement to his opposition to the pending motion to dismiss, or a motion to amend the complaint, on or before 7/072/017. Signed by Magistrate Judge David Keesler on 5/26/17. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-785-RJC-DCK
VAN SIDNEY BLEVINS III,
Plaintiff,
v.
SORIN GROUP DEUTSCHLAND GMBH;
LIVANOVA PLC; SORIN GROUP USA,
INC.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion For Leave To Take
Jurisdictional Discovery” (Document No. 36) filed May 5, 2017. This motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is ripe for disposition.
Having carefully considered the motion and the record, and noting partial consent of Defendants,
the undersigned will grant the motion, with modification.
By the instant motion, Plaintiff seeks leave to take jurisdictional discovery, specifically
including his attached “Requests For Production Of Documents” (Document No. 36-3). Plaintiff
suggests that additional discovery is needed to meet Defendant’s challenge to personal jurisdiction.
See (Document Nos. 28, 29, and 36).
Defendant LivaNova PLC does not oppose Plaintiff’s request as to Request Nos. 1-7, but
does oppose other jurisdictional discovery, including Request Nos. 8-9. (Document No. 40).
Defendant contends that Requests Nos. 8-9 are not relevant or tailored to the jurisdictional issues
in this case.

After review of the record and the parties’ briefs, the undersigned is not persuaded that
Defendant should be required to respond to Requests 8-9. Moreover, it is unclear why Plaintiff
seeks sixty (60) days for jurisdictional discovery, if that discovery involves review of Defendant’s
limited document production.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion For Leave To Take
Jurisdictional Discovery” (Document No. 36) is GRANTED, with modification. Defendant
LivaNova PLC shall provide full responses to Plaintiff’s “Requests For Production Of Documents”
(Document No. 36-3), including Request Nos. 1 through 7, on or before June 16, 2017.
IT IS FURTHER ORDERED that Plaintiff shall file a supplement to his opposition to
the pending motion to dismiss, or a motion to amend the complaint, on or before July 7, 2017.
SO ORDERED.

Signed: May 26, 2017

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