Opinion
CIVIL ACTION No. 2:03-CV-673
December 1, 2003
[PROPOSED ] ORDER REGARDING JURISDICTIONAL DISCOVERY
The defendants, Arrow International, Inc. ("Arrow International") and Arrow International Investment Corp. ("Arrow Investment"), have moved to dismiss this action for, inter alia, lack of personal jurisdiction over Arrow Investment. The parties have agreed that, before filing its opposition, Bard Access Systems, Inc. ("Bard") should be permitted to take discovery limited to the jurisdictional issue raised by defendants' motion. The address this issue, the parties have stipulated to a jurisdictional discovery plan. Accordingly, IT IS HEREBY ORDERED THAT:
1. Bard may take discovery limited to issues relevant to this Court's exercise of personal jurisdiction over Arrow Investment. At this time, the parties anticipate that these issues are limited to Arrow Investment's contacts, if any, with Utah, Arrow Investment's licensing activities, and the nature and extent of control exercised by Arrow International with respect to Arrow Investment.
2. Bard is permitted to propound the following discovery requests:
• One set of requests for production of documents, not to exceed ten (10) requests, directed to both Arrow International and Arrow Investment;
• A deposition notice pursuant to Fed.R.Civ.P. 30(b)(6) directed to Arrow International;
• A deposition notice pursuant to Fed.R.Civ.P. 30(b)(6) directed to Arrow Investment; and
• In the event that John Long is not the designated Rule 30(b)(6) deponent for Arrow Investment, a deposition notice directed to Arrow Investment's declarant, John Long.
3. If circumstances warrant, Bard may in good faith seek to take further jurisdictional discovery. The defendants shall not unreasonably resist Bard's efforts to do so.
4. All jurisdictional discovery shall be completed no later than 120 days from the date the Court enters this Stipulated Order.
5. Bard shall file its opposition to the defendants' motion no later than fifteen (15) days after the close of jurisdictional discovery.
6. The defendants shall file their reply brief, if any, within seven (7) business days thereafter.