Opinion
Case No. 08-15322.
January 5, 2010
ORDER GRANTING PLAINTIFFS/COUNTER-DEFENDANTS' "MOTION TO QUASH DEFENDANTS' NOTICE OF TAKING RECORDS DEPOSITION OF JOHN FOGUTH"
On December 21, 2009, Defendants/Counter-Plaintiffs N J's, Inc. and Nadica Milosevski-Edwards ("Defendants") provided Plaintiffs/Counter-Defendants Baskin-Robbins Franchising LLC and BR IP Holder LLC ("Plaintiffs") with notice that Defendants were going to take the records deposition of non-party John Foguth on January 5, 2010. Plaintiffs filed a "Motion to Quash Defendants' Notice of Taking Records Deposition of John Foguth" on December 30, 2009. A telephone conference was held regarding this motion on January 4, 2010. For the reasons stated on the record,
IT IS ORDERED that the "Motion to Quash Defendants' Notice of Taking Records Deposition of John Foguth" [Dkt. # 46] is GRANTED. The notice of taking records deposition is quashed without prejudice. After resolution of the pending motions for summary judgment, Defendants are free to renew their demand for certain records from John Foguth, if necessary and after consultation with Plaintiffs.