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PDF Elec. & Supply Co., LLC v. Jacobsen

Superior Court of North Carolina, Wake County

April 16, 2020, Decided

20 CVS 4609

Opinion

ORDER ON PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY AND EXPEDITED RULING

THIS MATTER comes before the Court on Plaintiffs PDF Electric & Supply Company, LLC ("PDF") and AGS Associates, LLC d/b/a MRO Electric and Supply Company Inc.'s ("MRO") Motion for Expedited Discovery and Expedited Ruling. ("Motion," ECF No. 10.) Plaintiffs seek an order allowing them to conduct certain limited, expedited discovery from Defendants prior to Plaintiffs filing of a motion for a preliminary injunction. Attached to the Motion are eight sets of proposed written discovery requests directed to each of the Defendants. (Proposed Written Discovery Requests, ECF Nos. 10.1-10.8.)

The Motion appears to request (1) that the Court issue an expedited order requiring that Defendants file a response to the Motion within five days; and (2) once a response to the Motion is received from Defendants, that the Court issue a second expedited order granting Plaintiffs' request for expedited discovery and requiring Defendants to respond to the proposed written discovery requests within seven days following the Court's order on this Motion. (ECF No. 10, at p. [*2]  3.) Defendants' counsel opposes the Motion.

On April 14, 2020, the Court held a telephonic conference ("Telephone Conference") with counsel for Plaintiffs and Defendants by consent to discuss the Motion. In the Telephone Conference, the Court advised counsel that it would issue an order on the Motion without waiting for a response from Defendants for the reasons discussed below.

THE COURT, having considered the Motion and attachments, Plaintiffs' brief filed in support of the Motion, the discussion with counsel during the Telephone Conference, the pleadings on file with the Court, and the Orders entered by Chief Justice Cheri Beasley from March 13 through April 13, 2020, CONCLUDES, in the exercise of its discretion, that the Motion should be DENIED, without prejudice.

A. Background

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2020 NCBC LEXIS 50 *; 2020 NCBC Order 18

PDF ELECTRIC & SUPPLY COMPANY, LLC and AGS ASSOCIATES, LLC d/b/a MRO ELECTRIC AND SUPPLY COMPANY INC., Plaintiffs, v. WILLIAM JACOBSEN; CHRISTIAN JACOBSEN; VISION CONTROLS LLC; and INDUSTRIAL AUTOMATON CO., Defendants.

Notice: This document is designated an Order of Significance by the North Carolina Business Court. Orders of Significance are not published as Business Court opinions but may be cited and relied upon.

CORE TERMS

discovery, expedited, trade secret, emergency order, telephone conference, injunction, requests