Professional Documents
Culture Documents
8:15CV317
(Id.)
parties.
After review of
the motion, the parties briefs, and the applicable law the Court
finds as follows.
BACKGROUND
(1) a
(Id. at 1).
Numerous third
66-73, 75-77.
from the plaintiff and TDAC, the Court denied plaintiffs motion
to appoint a receiver.
-2-
See id.
(Id.
(Id. at 9-11).
LAW
Federal Rule of Civil Procedure 26(b)(1) allows
[p]arties [to] obtain discovery
regarding any nonprivileged matter
that is relevant to any partys
claim or defense and proportional
to the needs of the case,
considering the importance of the
issues at stake in the action, the
amount in controversy, the parties
relative access to relevant
information, the parties
resources, the importance of the
discovery in resolving the issues,
and whether the burden or expense
of the proposed discovery outweighs
its likely benefit. Information
within this scope of discovery need
not be admissible in evidence to be
discoverable.
Fed. R. Civ. P. 26(b)(1).
encompass any matter that bears on, or that reasonably could lead
to other matter that could bear on, any issue that is or may be
in the case.
However, this
However,
[o]nce that threshold has been met, the resisting party must
show specifically how . . . each . . . [request for production]
is not relevant or how the discovery is overly broad, burdensome,
or oppressive.
Hayden
v. Bracy, 744 F.2d 1338, 1342 (8th Cir. 1984) (internal citations
-4-
omitted).
Stamy v.
Following TDACs
letter, both counsel for plaintiff and TDAC discussed the matter
further in an attempt to find a mutually agreeable solution
(Filing No. 98 at 6).
(Id.)
However,
(Id.)
The Court
In
To the extent
Accordingly,
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