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Marx Industries v. Chestnut Ridge Foam

United States District Court, W.D. North Carolina
Dec 8, 2011
CIVIL ACTION NO. 5:11-CV-139-RLV-DCK (W.D.N.C. Dec. 8, 2011)

Opinion

CIVIL ACTION NO. 5:11-CV-139-RLV-DCK

December 08, 2011.


ORDER


THIS MATTER IS BEFORE THE COURT on Plaintiff's "Motion For Limited Discovery In Order To Respond To Defendant's Motion To Dismiss For Lack Of Jurisdiction" (Document No. 8). This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is now ripe for disposition. Having carefully considered the motion and the record, the undersigned will grant the motion, with modification.

BACKGROUND

DISCUSSION

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The undersigned finds that some limited discovery on jurisdiction might assist the Court's consideration of the pending "...Motion To Dismiss ..." (Document No. 3); as such, the Court will allow Plaintiff's motion, with modification. Specifically, Defendant shall designate one or more persons who are adequately prepared to respond to Plaintiff's discovery requests, as narrowed in Document No. 11-1, during a deposition not to exceed five (5) hours, unless otherwise agreed by the parties. All the information requested by Plaintiff shall be further narrowed to the time period of January 1, 2007 through the present.

CONCLUSION

IT IS, THEREFORE, ORDERED that Plaintiff's "Motion For Limited Discovery In Order To Respond To Defendant's Motion To Dismiss For Lack Of Jurisdiction" (Document No. 8) is GRANTED, with modification as described herein.

IT IS FURTHER ORDERED that Defendant shall make its appropriate representative(s) available for a deposition at a time agreeable to both parties, on or before January 20, 2012, and at a location to be determined by Defendant. IT IS FURTHER ORDERED that Plaintiff may file a supplement to its response to "Defendant's Motion To Dismiss ..." (Document No. 3) on or before January 31, 2012, and Defendant may file a reply to any such supplement within ten (10) days of its filing.

SO ORDERED.


Summaries of

Marx Industries v. Chestnut Ridge Foam

United States District Court, W.D. North Carolina
Dec 8, 2011
CIVIL ACTION NO. 5:11-CV-139-RLV-DCK (W.D.N.C. Dec. 8, 2011)
Case details for

Marx Industries v. Chestnut Ridge Foam

Case Details

Full title:MARX INDUSTRIES v. CHESTNUT RIDGE FOAM

Court:United States District Court, W.D. North Carolina

Date published: Dec 8, 2011

Citations

CIVIL ACTION NO. 5:11-CV-139-RLV-DCK (W.D.N.C. Dec. 8, 2011)