Brightview Landscapes, LLC v. Consolidated Divisions, Inc., 17-cv-02165-RM-MEH. (2017)
Court: District Court, D. Colorado
Number: infdco20170920a64
Visitors: 4
Filed: Sep. 19, 2017
Latest Update: Sep. 19, 2017
Summary: ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court on Plaintiff's Unopposed Motion for Hearing on Preliminary Injunction and for Expedited Discovery 1 ("Motion") (ECF No. 9), which requests (1) the Court to set a hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. 2); and (2) leave to conduct expedited discovery to be completed prior to any preliminary injunction hearing. Upon consideration of the Motion, and the court file, and being otherwise fully ad
Summary: ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court on Plaintiff's Unopposed Motion for Hearing on Preliminary Injunction and for Expedited Discovery 1 ("Motion") (ECF No. 9), which requests (1) the Court to set a hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. 2); and (2) leave to conduct expedited discovery to be completed prior to any preliminary injunction hearing. Upon consideration of the Motion, and the court file, and being otherwise fully adv..
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ORDER
RAYMOND P. MOORE, District Judge.
This matter is before the Court on Plaintiff's Unopposed Motion for Hearing on Preliminary Injunction and for Expedited Discovery1 ("Motion") (ECF No. 9), which requests (1) the Court to set a hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. 2); and (2) leave to conduct expedited discovery to be completed prior to any preliminary injunction hearing. Upon consideration of the Motion, and the court file, and being otherwise fully advised, the Court finds Plaintiff has established good cause for granting the Motion. See, e.g., Fed. R. Civ. P. 26(d) (timing and sequence of discovery may be altered by court order); Pod-Ners, LLC v. Northern Feed & Bean of Lucerne Ltd. Liab. Co., 204 F.R.D. 675, 676 (D. Colo. 2002) (expedited discovery may be granted upon a showing of good cause or where plaintiff seeks a preliminary injunction). And, in light of Defendants'2 stated basis for their non-opposition to the Motion and Plaintiff's counsel's affirmative representation that they will work with Defendants' counsel on reasonable terms for expedited discovery, at this time the Court will not (other than as stated herein) issue specific orders governing the scope of discovery to be had. The Court expects all parties (whether represented or not) to work together to establish a reasonable expedited discovery plan. If the parties are unable to reach an agreement on such a plan, or should issues arise concerning the scope of or any other matter regarding the expedited discovery, the parties shall jointly contact the Chambers of Magistrate Judge Michael E. Hegarty with any issues or disputes. Accordingly, the Court ORDERS3 as follows:
(1) That Plaintiff's Unopposed Motion for Hearing on Preliminary Injunction and for Expedited Discovery (ECF No. 9) is GRANTED as stated herein;
(2) That a hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. 2) is set for Tuesday, October 24, 2017, at 9:00 a.m., in Courtroom A601, at the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado;
(3) That Plaintiff is granted leave to conduct the following expedited discovery related to its Motion for Preliminary Injunction: (i) Plaintiff may depose Defendants and other relevant witnesses upon four business days' notice; and (ii) Plaintiff may issue written discovery to which Defendants shall respond within ten (10) calendar days from the service thereof; and
(4) That the parties shall jointly contact the Chambers of Magistrate Judge Michael E. Hegarty with any expedited discovery issues.
FootNotes
1. Defendant Peters takes no position on the Motion; the other Defendants, subject to a caveat, do not oppose.
2. Except Defendant Peters, who is currently unrepresented.
3. The parties are also directed to review and comply with Judge Raymond P. Moore's Civil Practice Standards governing evidentiary hearings.
Source: Leagle