Datatreasury Corporation v. Wells Fargo & Company et al

Filing 394

ORDER granting as modified #213 Motion for Discovery, granting as modified #214 Motion for Discovery, granting as modified #215 Motion for Discovery. Accordingly, it is ORDERED that Plaintiff may pround interrogatories, requests for production, and requests for admissions to Dfts First Citizen Bancshares, Inc, HSBC North America Holdings Inc, and UnionBanCal Corp dealing specifically with jurisdictional issues. It is further ORDERED that Pla may file an amended response to each Dft's motion to dismiss and an amended complaint after receiving this discovery, if warranted. Pal's amended response(s), if any, to Dft's motion to dismiss shall be filed on or before 2/16/07. The Court will not entertain extensions in this regard. Signed by Judge Caroline Craven on 12/8/06. (mpv, )

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 394

Case 2:06-cv-00072-DF-CMC

Document 394

Filed 12/08/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION § § V. § § WELLS FARGO & COMPANY, ET AL. § ORDER Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for Assignment of Duties to United States Magistrate Judges, all discovery matters in the above-referenced consolidated cause of action were referred to the undersigned for decision. Pending before the Court are Plaintiff's Motion to Authorize Jurisdictional Discovery Against Defendant First Citizen Bancshares, Inc. (Docket Entry # 213), Plaintiff's Motion to Authorize Jurisdictional Discovery Against Defendant HSBC North America Holdings, Inc. (Docket Entry # 214), and Plaintiff's Motion to Authorize Jurisdictional Discovery Against Defendant UnionBanCal Corporation (Docket Entry # 215). The Court, having reviewed the relevant briefing, is of the opinion the motions should be GRANTED AS MODIFIED. Accordingly, it is ORDERED that Plaintiff may propound interrogatories, requests for production, and requests for admissions to Defendants First Citizen Bancshares, Inc., HSBC North America Holdings, Inc., and UnionBanCal Corporation dealing specifically with jurisdictional issues. These discovery requests shall not count against the number of discovery requests available to Plaintiff under the Federal Rules of Civil Procedure and the Court's Local Rules. Plaintiff may also depose one Rule 30(b)(6) representative of each Defendant with the most knowledge of the jurisdictional issues raised by each Defendant. It is further ORDERED that Plaintiff may file an amended response to each Defendant's motion to

No. 2:06CV72

Dockets.Justia.com

Case 2:06-cv-00072-DF-CMC

Document 394

Filed 12/08/2006

Page 2 of 2

dismiss and an amended complaint after receiving this discovery, if warranted. Plaintiff's amended response(s), if any, to Defendant's motions to dismiss shall be filed on or before February 16, 2007. The Court will not entertain extensions in this regard. IT IS SO ORDERED.
SIGNED this 8th day of December, 2006.

____________________________________ CAROLINE M. CRAVEN UNITED STATES MAGISTRATE JUDGE

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