ABT, Inc. v. Sportsfield Specialties, Inc et al

Filing 42

ORDER granting 14 MOTION for Discovery (Expedited). Parties may begin engaging in discovery immediately. Supp. briefing not required by Court. If parties elect to supplement record, plf's filing due by 2/25/2010, dft's filing due by 3/8/2010. ( Discovery due to be complete by 2/15/2010), ( Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction set for 3/15/2010 at 10:00 AM in Second Floor Courtroom, 200 W Broad St, Statesville, NC 286 77 before District Judge Richard Voorhees). Parties shall make necessary arrangements for inspection, etc. of dft Juszczyk's personal computer such that the unit may be returned to Mr. Juszczyk by 1/15/2010. Signed by District Judge Richard Voorhees on 12/17/2009. (cbb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL DOCKET NO. 5:09CV119-V ABT, INC., ) Plaintiff, ) ) v. ) ) PETER JUSZCZYK and ) SPORTSFIELD SPECIALTIES, INC., ) Defendants. ) ___________________________________ )

SCHEDULING ORDER EXPEDITED DISCOVERY

THIS MATTER is before the Court on motions filed by Plaintiff ABT, Inc. ("ABT") seeking injunctive relief and expedited discovery. (Documents ##10, 14) On Tuesday, December 15, 2009, a status conference was held to discuss these matters and related issues. Each party was represented and able to participate through counsel. Having considered the applicable law, memoranda submitted, and the oral presentations by counsel, IT IS, THEREFORE, ORDERED THAT: 1) Plaintiff's Motion for Expedited Discovery is GRANTED; 2) The parties may begin engaging in discovery immediately for the purpose of exploring topics relevant to ABT's pending motion for injunctive relief.1 If requested by a party, discovery is also authorized to explore facts relevant to Defendant Juszczyk's personal jurisdiction challenge. Counsel shall operate in a manner consistent with the Federal Rules of Civil Procedure, our Local Rules, and the governing Protective Order. The parties are encouraged to work together on the actual scheduling of depositions and deadlines for written discovery within the discovery period;

Defendant Sportsfield's First Amended Answer, Affirmative Defenses & Counterclaims pleading includes a request for preliminary injunction as well. (Sportsfield's First Am. Ans. & C.Cl. ¶24) The basis for that relief is outlined in Sportsfield's Second Counterclaim which alleges false advertising and false designation of origin under the Lanham Act, 15 U.S.C. §1125(a). To the extent Sportsfield intends to pursue a preliminary injunction on this theory, and supports its Counterclaim with a memorandum of law, additional examination of any deponent in a position to provide testimony pertinent to Sportsfield's Counterclaim will be allowed for purposes of efficiency. Likewise, in the interest of judicial economy, any issue fairly arising from the pleadings may be explored during deposition so as to avoid multiple depositions of the same witness.

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3) Discovery must be complete on or before Monday, February 15, 2010; 4) Supplemental briefing will not be required by the Court. However, if the parties elect to supplement the record prior to the preliminary injunction hearing, Plaintiff's supplemental filing is due on or before Thursday, February 25, 2010, and Defendants' supplemental filing is due on or before Monday, March 8, 2010; 5) An evidentiary hearing will be held on Plaintiff's Motion for Preliminary Injunction in the Statesville Division on Monday, March 15, 2010 at 10 AM at the U.S. Federal Building, 2nd Floor Courtroom, 200 W. Broad Street, Statesville, North Carolina. The method of presentation will be left to the preference of the respective parties. The parties may elect to rely on documentary evidence or live testimony, subject to any time limitations imposed by the Court; and 6) The parties shall make the necessary arrangements for inspection, copying, or examination of Defendant Juszczyk's personal computer such that the unit may be returned to Mr. Juszczyk on or before Friday, January 15, 2010.

Signed: December 17, 2009

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