Discovery Order definition
Examples of Discovery Order in a sentence
On February 25, 2016, the Court issued a Discovery Order documenting ▇▇▇▇▇▇’ commitment to provide certain discovery and ordering ▇▇▇▇▇▇ to provide additional specified discovery.
On February 27, 2020, the Court issued the Discovery Order which, in relevant part, denied Plaintiff’s request to inspect Xerox’s internal documents relating to the Board’s decision to reject the Demand.
Should Culligan not be applied, and Plaintiff required to plead that his Demand was wrongfully refused, see Point I, supra, Plaintiff moves for reargument of the Discovery Order dated February 27, 2020 (Nespole Ex. N) denying Plaintiff’s motion to compel the Company to produce the Demand Committee’s Report, all other books and records prepared by the Demand Committee, board materials concerning the Demand, and communications between the Board and Demand Committee concerning the Demand.
On November 22, 2021, Federal Plaintiffs, Defendants, and the Nominal Defendant submitted a Joint Proposed Stipulated Discovery Order stipulating that all written discovery (including discovery served prior to the filing of the Stipulated Discovery Order), depositions, expert disclosures and reports, and documents produced would be coordinated between the Southern District Action and the Northern District Action to avoid duplication and waste of the resources of the parties, the courts, and third parties.
Alternatively, if the Court should decline to follow Culligan or find it inapplicable, then it should deny Xerox’s motion under CPLR 3211(a)(5) and grant Plaintiff’s cross-motion for leave to reargue and renew the Discovery Order so that Plaintiff can obtain the discovery surrounding the refusal of the Demand so that Plaintiff may fully oppose the Company’s motion to dismiss.
Upon the filing of the joint motion referenced in this Section 6.7, PDL shall have no further obligation to seek or advocate for an order vacating the Discovery Order, but PDL shall reasonably cooperate with Genentech, at Genentech’s request and with advance notice, to provide information necessary or appropriate for any further action taken by Genentech to vacate the Discovery Order and shall do nothing to oppose any effort by Genentech to vacate the Discovery Order.
Additionally, if the Court should depart from binding First Department authority under Culligan, then, for the reasons set forth in Points VI and VII below, the Court should also grant Plaintiff’s cross-motion for leave to reargue and leave to renew the Court’s Discovery Order so that Xerox will be compelled to produce the above-referenced materials, allowing Plaintiff to support his argument that the Demand was wrongfully refused.
Notice of Entry of the Discovery Order was filed on October 1, 2020.
The Parties agree that ▇▇▇▇▇▇▇ is relieved of any obligation under the Court’s June 27, 2013 Discovery Order.
Not later than three (3) business days after the Effective Date, the Parties shall cause their counsel to execute and promptly file a joint motion (substantially in the form of Exhibit J attached hereto) to vacate the Discovery Order.