Gentry v. Hershey Company, The et al

Filing 84

ORDER: The #32 Motion to Strike and #34 #38 Motions for Protective Order are DENIED AS MOOT, in view of the fact that the discovery cutoff deadline was 10/2/09. Signed by Magistrate Judge E. Clifton Knowles on 12/9/09. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NORTHEASTERN DIVISION KIM GENTRY, Plaintiff, vs. ) ) ) ) ) ) CASE NO. 2:08-0123 ) JUDGE ECHOLS/KNOWLES ) ) ) ) ) ) ) ORDER This matter is before the Court upon three discovery-related Motions filed by Defendants Liberty Distribution, LLC and PETCO Animal Supplies, Inc.: (1) "Liberty Distribution, LLC's Motion to Strike Plaintiff's Rule 30(b)(6) Notice of Deposition and attached subpoena duces tecum (Docket No. 32); (2) Liberty Distribution, LLC's Motion for Protective Order preventing Plaintiff opposing Defendant in Cookeville, Tennessee" (Docket No. 34); and (3) Motion for Protective Order to Quash Plaintiff's Deposition Notice of PETCO Animal Supplies' corporate representative in Cookeville, Tennessee (Docket No. 38). Plaintiff has filed Responses to each of the Motions. Docket Nos. 40, 42, 43, 44, 45, 46. The first two of the Motions at issue were filed September 18, 2009, while the third was filed September 23, 2009. The Initial Case Management Order, entered February 24, 2009, provided that the discovery cutoff deadline in this action was October 2, 2009. The instant Motions were filed approximately two weeks before the discovery cutoff deadline.

THE HERSHEY COMPANY, LIBERTY DISTRIBUTION, LLC, and PETCO Animal Supplies, Inc., Defendants.

The parties subsequently filed a "Joint to Amend Initial Case Management Order" (Docket No. 48), seeking to extend, for at least 2 months, virtually all the deadlines set forth in the Initial Case Management Order. The undersigned denied that Motion. Docket No. 50. The instant Motions are, therefore, DENIED AS MOOT, in view of the fact that the discovery cutoff deadline was October 2, 2009. IT IS SO ORDERED.

E. Clifton Knowles United States Magistrate Judge

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