FS Medical Supplies, LLC v. Tanner Pharma UK Limited et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
FS MEDICAL SUPPLIES, LLC, )
)
Plaintiff, )
) 3:21-cv-00501-RJC-WCM
v. 	)
)
TANNERGAP, INC. and )
TANNER PHARMA UK LIMITED, )
)
Defendants. )
Consolidated for discovery with
FS MEDICAL SUPPLIES, LLC
, )
)
Plaintiff, )
) 3:23-cv-00598-RJC-WCM
v. )
)
TANNER PHARMA UK LIMITED; )
RAYMOND FAIRBANKS BOURNE; )
and MARY EVERETT )
WHITEHURST BOURNE; )
)
Defendants. )
_______________________________ )
ORDER
This matter is before the Court on Plaintiff’s “Emergency Motion for
Expedited Briefing and Hearing on Motion for Protective Order and to Set a
Conference” (the “Motion to Expedite,” Doc. 203). The Tanner Defendants have
responded and Plaintiff has replied. Doc. 205, 206.
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Plaintiff requests expedited briefing concerning its “Motion for
Protective Order Concerning Depositions – Expedited Relief Requested” (the
“Motion Concerning Depositions,” Doc. 201). Plaintiff also requests that the
Court conduct a hearing on the Motion Concerning Depositions and a discovery
conference.
Having reviewed the Motion to Expedite, the Motion Concerning
Depositions, and the other currently pending motions, the Court will allow the
Motion to Expedite in part.
IT IS THEREFORE ORDERED THAT:
1. To the extent the “Emergency Motion for Expedited Briefing and
Hearing on Motion for Protective Order and to Set a Conference” (Doc.
203) seeks a hearing on the “Motion for Protective Order Concerning
Depositions – Expedited Relief Requested” (Doc. 201), it is GRANTED.
Plaintiff’s request that an expedited briefing schedule be established for
the Motion Concerning Depositions is DENIED.
2. The deposition of Plaintiff’s website developer, Charles Roach, which is
scheduled for November 6, 2024, is TEMPORARILY STAYED pending a
ruling on the motions for which a hearing will be scheduled pursuant to
this order. To the extent any other depositions are the subject of the
motions to be heard, those depositions are likewise TEMPORARILY
STAYED.
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3. The Clerk is respectfully directed to schedule a status conference as well
as a hearing on the following:
a. Plaintiff’s Motion to Compel Production of ESI from Jonathan
Bracey’s Mobile Phone (Doc. 174);
b. Defendants Tanner Pharma UK Limited’s and TannerGAP, Inc.’s
Motion for Leave to Amend Answer (Doc. 179);
c. Plaintiff’s Motion to Compel Discovery on Discovery (Doc. 181);
d. Defendants Tanner Pharma UK Limited and TannerGAP, Inc.’s
Motion for Protective Order to Preclude Discovery-on-Discovery
(Doc. 183);
e. The parties’ Joint Stipulated Request for Entry of Addendum to
Stipulated Protective Order (Doc. 185); and
f. The Motion for Protective Order Concerning Depositions –
Expedited Relief Requested (Doc. 201).
Signed: October 29, 2024
Case 3:23-cv-00598-MR-WCM Document 90 Filed 10/30/24 Page 3 of 3