Ash Equipment, Inc. v. LaViers et al (PLR2)

Filing 12

ORDER denying without prejudice 7 Motion to Expedite Discovery. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/25/14. (KMK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ASH EQUIPMENT, INC.,
d/b/a AMERICAN HYDRO,
Plaintiff,
v.
2X HYDRO-DEMOLITION, LLC, and
DONALD G. LAVIERS,
Defendants.

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No. 3:14-CV-442-PLR-CCS

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion for Expedited Discovery [Doc. 7], filed September 23,
2014.

In the motion, Plaintiff moves the Court to permit it to serve discovery upon the

Defendants prior to serving the Defendants pursuant to Rule 4 of the Federal Rules of Civil
Procedure and prior to conducting a discovery conference as required by Rule 26 of the Federal
Rules of Civil Procedure. Plaintiff moves the Court to order Defendants to respond to twentypages of interrogatories and requests for production on or before October 6, 2014, or no later
than five (5) business days prior to any preliminary injunction hearing set by the District Judge.
The Court has considered the Plaintiff’s request, and the Court finds that the Plaintiff has
not shown good cause for ordering Defendants to respond to the discovery in such an
abbreviated period. Plaintiff filed its motion on the day before the Clerk of Court issued
summonses for the Defendants, and there is no evidence in the record to demonstrate that the

summonses and initial pleadings have been served on Defendants. Moreover, no attorney has
appeared on behalf of the Defendants.
Plaintiff asks that Defendants be ordered to respond to the discovery within ten (10) days
of its motion, i.e. nine (9) days of the summons issuing, despite the fact that Plaintiff has no
assurance that it will be able to serve the Defendants in this period. For obvious reasons, the
Defendants presumably have no knowledge 1 of the requested relief and are not able to respond to
the requested relief. Without knowledge of the request or an opportunity to respond, the Court is
disinclined to grant the Plaintiff the relief it seeks.
Accordingly, the Motion for Expedited Discovery [Doc. 7] is DENIED WITHOUT
PREJUDICE, to all refiling as appropriate.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

1

Plaintiff indicates that Defendants will be served with a copy of the motion when it is served with the initial
pleadings.
2