Tuesday, January 5, 2010
Hand-Pulled Noodle Emergency
I don't know about you, but whenever I get a yen for a hand-pulled noodle, I think of this case.
Well, that's not all I think about.
Anyways, yesterday the defendant Mr. Chow -- through Richman Greer's Lyle Shapiro -- filed an emergency motion for protective order.
Emergency motions are serious stuff. They upset the usual order of the Court. They ask for special treatment and for the Court to turn to an issue ahead of other cases and on a timetable demanded by one of the parties. Still, I recognize these motions are sometimes necessary.
So why here?
In a nutshell, the motion seeks to prevent depositions of the defendants from going forward next week until such time as defendants prepare and the Court rules on whether plaintiff Mr. Chow properly answered contention rogs and other discovery (which in defendants' view were improperly objected).
Note that the defendants have not yet prepared the motion to compel.
Essentially, defendants are complaining that they don't know which trade secrets were allegedly stolen and shouldn't have to sit for a depo until discovery directed to that issue is resolved.
(Even though the original complaint survived a motion to dismiss).
So it's either a scheduling issue turned ugly or an effort to sandbag the defendants at a depo.
See how easy that was? I should do this for a living.
Now, about that hand-pulled noodle emergency.....