SHIFT4 Corporation v. Martin

Filing 85

ORDER Granting 81 Motion for Protective Order. A temporary protective order is entered precluding the deposition of Shift4's corporate designee pursuant to Rule 30(b)(6) from going forward as noticed on 2/12/2013, pending a hearing on the mer its of 81 Shift4's Motion. Motion Hearing re 81 set for 2/26/2013 11:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 2/11/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 SHIFT4 CORPORATION, ) ) Plaintiff, ) ) vs. ) ) CRAIG MARTIN, et al., ) ) Defendants. ) __________________________________________) Case No. 2:11-cv-01315-MMD-PAL ORDER (Mtn for PO - Dkt. #81) 12 13 This matter is before the court on Plaintiff/Counterdefendant Shift4 Corporation’s (“Shift4") 14 Emergency Motion for a Protective Order (Dkt. #81) filed February 6, 2013. The court has briefly 15 reviewed the Motion; Defendant/Counterplaintiff Craig Martin’s (“Martin”) Opposition (Dkt. #82) filed 16 February 8, 2013; and Shift4's Reply (Dkt. #83) filed February 11, 2013. 17 Shift4's Motion seeks entry of a protective order pursuant to Rule 26 of the Federal Rules of 18 Civil Procedure and Local Rule of Civil Practice 26-7. On February 4, 2013, Martin served Shift4 with 19 a notice of deposition pursuant to Rule 30(b)(6), noticing Shift4's corporate designee’s deposition for 20 February 12, 2013.1 The deposition was previously noticed for February 6, 2013. Martin contends 21 Shift4 served it with a voluminous production of documents on February 1, 2013, and as a result, it 22 needed additional time to review the documents in advance of the deposition of Shift4's corporate 23 designee. Shift4 contends its corporate designee is unavailable on February 12, 2013. Discovery in this 24 matter closes on February 13, 2013. 25 26 Having preliminarily reviewed the parties’ filings, /// 27 28 1 Martin’s notice of deposition was served by regular U.S. mail and was also filed on the court’s docket. Notices of deposition and other written discovery materials are not to be filed with the court unless otherwise ordered. See LR 26-8. 1 IT IS ORDERED: 2 1. A temporary protective order is entered precluding the deposition of Shift4's corporate 3 designee pursuant to Rule 30(b)(6) from going forward as noticed on February 12, 2013, 4 pending a hearing on the merits of Shift4's Motion (Dkt. #81). 5 6 7 2., A hearing is scheduled on Shift4's Motion for Protective Order (Dkt. #81) for Tuesday, February 26, 2013, at 11:00 a.m. Dated this 11th day of February, 2013. 8 9 10 _________________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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