CS Technology, Inc. et al v. Horizon River Technologies, LLC

Filing 162

ORDER granting in part 145 Motion to Compel; granting 146 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 1/24/20. (mga) (Main Document 162 replaced on 1/24/2020) (mga). NEF regenerated on 1/24/2020 (mga).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00273-RJC-DSC
CS TECHNOLOGY INC. et. al.,

Plaintiffs,
v.
HORIZON RIVER TECHNOLOGIES
LLC,
Defendant.

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THIS MATTER is before the Court on “Defendant’s Renewed Motion to Compel”
(document # 146) and “Motion to Compel Discovery from Third-Parties” (document #146).
In its Renewed Motion to Compel, Defendant again seeks Plaintiffs’ billing and
timekeeping records related to projects for Bank of America and JP Morgan Chase Bank. (Second
Requests for Production Nos 1-10).

This information is relevant to Defendant’s RICO

Counterclaim.
The Court previously ordered that “[Defendant’s initial] Motion [to Compel] is DENIED
WITHOUT PREJUDICE as to billing and timekeeping records related to projects for Bank of
America and JP Morgan Chase Bank (Second Requests for Production Nos 1-10). The Motion
may be renewed following denial of any motion to dismiss Defendant’s RICO claim.” “Order”
(document #97). The undersigned has recommended that Plaintiffs’ Motion to Dismiss the RICO
Counterclaim be denied. See “Memorandum and Recommendation” (document #132). The
Memorandum and Recommendation is pending before the presiding District Judge. To promote

judicial efficiency and economy, Defendant’s Renewed Motion to Compel will be granted in part
as ordered below.
In its Motion to Compel Discovery from Third-Parties, Defendant seeks to compel
responses to four third-party Subpoenas. The Court previously denied Plaintiffs’ Motion to Quash
those Subpoenas. See “Order” (document #133). That Order has not been appealed. Defendant
has withdrawn its Motion as to two third-parties who complied with the Subpoenas. See Document
#147. The other third-parties have not responded to the Motion. For those reasons, Defendant’s
Motion to Compel Discovery from Third-Parties Advantage 1 Solutions and Maintech Inc. is
granted.
NOW THEREFORE IT IS HEREBY ORDERED that:
1. “Defendant’s Renewed Motion to Compel” (document # 145) is GRANTED IN PART,
that is, within fifteen days of a denial of Plaintiffs’ Motion to Dismiss the RICO Counterclaim
(document #102), Plaintiffs shall fully respond to Defendant’s Second Requests for Production.
2. Defendant’s “Motion to Compel Discovery from Third-Parties” (document #146) is
GRANTED as to Advantage 1 Solutions and Maintech Inc. They shall fully respond to the
Subpoenas within fifteen days of this Order.
3. The Clerk is directed to send copies of this Order to counsel for the parties, including
but not limited to moving counsel, and to the Honorable Robert J. Conrad, Jr..
SO ORDERED.

Signed: January 24, 2020