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More examples of inefficiency; --a judge allowing discovery!
Topic Started: Mar 10 2010, 10:44 AM (319 Views)
Quasimodo

Quote:
 
Having considered the arguments of the parties, the Court concludes that allowing discovery to proceed further at this time, prior to the filing of Answers and prior to a determination of the claims and parties that will remain following resolution of the Motions to Dismiss, would be premature and inefficient, particularly in light of the scope of this litigation and the number of claims asserted and the number of Defendants named. In addition, proceeding with full discovery at this time would likely result in significant discovery disputes that could only be resolved by determination of the issues raised in the Motions to Dismiss.


More examples of inefficiency!

(from Nov., 2008)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
NO. 206-CV-49-F
BLACKWATER SECURITY
CONSULTING, LLC and BLACKWATER
LODGE AND TRAINING CENTER, INC.,
Petitioners,
RICHARD P. NORDAN, as Ancillary
Administrator for the Separate Estates of
STEPHEN S. HELVESTON, MIKE
R.
TEAGUE, JERK0 GERALD ZOVKO, and
WESLEY J. K. BATALONA,
Respondent.

ORDER
This matter is before the court on a petition for order directing arbitration [DE-11 filed
by Petitioners Blackwater Security Consulting, LLC and Blackwater Lodge Training Center,
Inc. [collectively, "Blackwater"] and a motion to dismiss the petition [DE-61 filed by Richard
P. Nordan, as Ancillary Administrator for the separate estates of Stephen S. Helveston, Mike
R. Teague, Jerko Gerald Zovko and Wesley J. K. Batalona [collectively, "Decedents"]. These
matters are now ripe for disposition.

(snip)

Since the stay was lifted, the Superior Court has not ruled on
Blackwater's motion to dismiss,
but has allowed a motion by Nordan to proceed in discovery with the deposition of a witness in Alaska


(snip)

Since removal of the stay, the state court has allowed limited discovery and entered a temporary restraining order preventing
further steps toward arbitration. The state court has not ruled on Blackwater's motion to
dismiss,
which includes as grounds for dismissal the fact that Nordan's claim for recision is
subject to arbitration. Analyzing these circumstances from a practical perspective, the state
court action was initiated first, but has not progressed on the issue of arbitration.
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Quasimodo

Another one!

This is the html version of the file http://beckermanlegal.com/Documents/elektra_doe_080702Order.pdf.

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIYISION
NO.5:08-CY-115-FL
ELECTRA ENTERTAINMENT
GROUP INC, CAPITOL RECORDS
INC., SONY BMG MUSIC
ENTERTAINMENT, UMG
RECORDINGS, INC, WARNER
BROS. RECORDS INC.,
Plaintiffs,
v.
JOHN DOE,
Defendant.
)

ORDER

Plaintiffs have filed nearly identical complaints against this defendant, and others named
as defendants in the prior pending action, and many of these actions have been assigned now to me.

In this case, and one other, bearing court file number 5:08-CY-116, defendant has moved to dismiss, to strike plaintiffs' affidavit, to quash subpoena, and to stay enforcement ofthe subpoena addressed to North Carolina State University.

(snip)

In all cases before this court, the undersigned has allowed plaintiffs' expedited motion for discovery. Several of the cases assigned to me, all originating out of the prior pending action, recently have been closed upon voluntary dismissal.

(snip)

While motion to dismiss was raised on behalf of defendants denominated as Does # I, # 18,
#19, #26, #31, #33, #35, and #38, and denied, it is unclear whether defendant in either court file
number 5:08-CY-115 or court file number 5:08-CY-116, were among those Does in the prior action, and, moreover, the basis for dismissal pursuant to Rule 12 is argued in these cases on grounds not fully raised in court file number 5:07-CY-298. Accordingly, a fresh look at the arguments in support of and in opposition to the motion to dismiss before the court, and attendant motion to strike, is called for.
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Quasimodo

http://www.tribune-democrat.com/local/local_story_323233959.html
Published: November 18, 2008 11:39 pm

Murtha seeks immunity from suit
By KIMBERLY HEFLING
THE ASSOCIATED PRESS

WASHINGTON — A Marine who sued U.S. Rep. John Murtha for defamation urged a federal appeals court Tuesday to order the Johnstown Democrat to testify under oath in the case.

(snip)

Zaid said he wanted to find out what Murtha said to other people, such as his neighbors and fundraisers, about the Haditha slayings. He said the deposition would last about three or four hours, but he said it wouldn’t be a fishing expedition.

“We don’t know what we don’t know,”
Zaid said.

(snip)

Last year, a federal judge ordered Murtha to give a sworn deposition in the case.
Murtha appealed, and at issue also during Tuesday’s hearing was whether it was appropriate for the case to even be before the appellate court.

[How does anyone in the lax case know whether or not the entire actions of the city of Durham do not constitute malice sufficient to pierce their immunity, if they are not allowed to ask questions about what those actions were?

Maybe depositions need to be permitted before deciding the immunity issue?

Those depositions would not be a fishing expedition, but would focus on extremely narrow
periods of times and on specific actions--taken or not taken.]
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Quasimodo

[why not the following order for the present cases?]


"In the instant case, given the defendants' demonstrated propensity for loss and or destruction of evidence; inability or unwillingness to produce discovery; and attempted concealment of exculpatory evidence; and the heightened concern therefore for the preservation of evidence relevant to this case over the course of this litigation, limited discovery will therefore be permitted."
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abb
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Damn, Quas.

You better stop that. You might become a cynic like me and conclude that the metanarrative was what counted more than the impartial administration of The Law.

:roflmao: :roflmao:

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