Remi Holdings, LLC v. Neathamer et al

Filing 47

MEMORANDUM AND ORDER granting 41 Motion to Compel the Deposition of Brian Gibbs as set forth herein. Signed by Magistrate Judge David S. Cayer on 1/7/21. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:19-CV-00542-MOC-DSC
REMI HOLDINGS LLC,
Plaintiff,
v.
WILLIAM THOMAS NEATHAMER III,
BRIAN GIBBS, MELISSA HUGHES,
AND THOMAS AND ASSOCIATES
LLC,
Defendants.

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MEMORANDUM AND ORDER

THIS MATTER is before the Court on “Remi Holdings LLC and Daniel Schuster’s
Motion to Compel the Deposition of Brian Gibbs” (document # 41) filed November 13, 2020 and
the parties associated briefs and exhibits. See documents ## 42-44. This Motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and is now ripe for the
Court’s consideration.
Plaintiff and Counter-Defendant Remi Holdings LLC and Counter-Defendant Daniel
Schuster seek an order compelling the deposition of Defendant Brian Gibbs. For the reasons stated
in the Motion and reply brief, the Court will grant the Motion.
THEREFORE IT IS ORDERED that:
1. “Remi Holdings LLC and Daniel Schuster’s Motion to Compel the Deposition of Brian
Gibbs” (document # 41) is GRANTED. Defendant Brian Gibbs shall appear for his deposition

Case 3:19-cv-00542-MOC-DSC Document 47 Filed 01/07/21 Page 1 of 2

within thirty days of this Order at a date and time mutually agreeable to the parties. If the parties
are unable to agree, the deposition shall take place at the date and time noticed by Plaintiff.
2. The parties will bear their own expenses at this time.
3. The Clerk is directed to send copies of this Order to counsel of record and to the
Honorable Max O. Cogburn, Jr.
SO ORDERED.
Signed: January 7, 2021

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