Plaintiff's Motion For Expedited Discovery

Beginning of Legal Text

CAUSE NO. 199 596 97

PLAINTIFF'S MOTION FOR EXPEDITED DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW DSC Communications Corporation ("DSC"), and pursuant to Rule 200 of the Texas Rules of Civil Procedure, files this its Motion for the entry of an Order authorizing expedited discovery in this proceeding, and in support 'of same would respectfully submit the following:

1. On April 22, 1997, DSC filed its Original Petition and Application for Injunctive Relief ("Petition"). DSC seeks the issuance of a Temporary Restraining Order and the issuance of a Temporary Injunction based on potential irreparable harm it will suffer as fully described in the Petition, which is incorporated by reference.

2. Pursuant to the Texas Rules of Civil Procedure, if the Court grants DSC's application for a temporary injunction, it will expire by its terms within fourteen (14) days if a hearing has not been set on the injunction. Tex. R. Civ. P. 680. Regardless of whether a temporary restraining order is granted, DSC has requested that a hearing on its application for the issuance f a 'temporary gel 1) injunction order be set by the District Court on or before the expiration of fourteen (14) days from the date hereof.

3. Given the potential hearing schedule, DSC requests the Court allow DSC to schedule the oral deposition Defendant Evan Brown, to be taken on April 30, 1997, in order that DSC may be adequately prepared for the hearing on its Application for a Temporary Injunction.

4. DSC further requests that it be permitted to serve a Notice Duces Tecum, in the form attached hereto as Exhibit "A," compelling the production of documents and other things relevant to this case, and that Defendant's production of documents and other things in response to such Notice Duces Tecum be due concurrently with the scheduling of the above-listed oral depositions on April 30, 1997. See Tex, R. Civ. P. 167(2). Such documents will be crucial to the prosecution of this case, and are therefore necessary to DSC's preparation of the injunction hearing.

WHEREFORE, PREMISES CONSIDERED, DSC moves the District Court to issue an Order expediting discovery in this case in order to allow DSC to take the oral deposition of Evan Brown to request the production of documents relevant to DSC's application for injunctive relief in this proceeding on or before the date specified herein.

Respectfully submitted,


LYNN STODGHILL MELSHEIMER & TILLOTSON, L.L.P.


By: << Michael P Lynn >>
________________________


Michael P. Lynn, P.C.
State Bar No. 12738500
Eric W. Pinker
State Bar No. 16016550
750 North St. Paul Street
Suite 1400
Dallas, Texas 75201
(214) 981-3800 - Telephone
(214) 981-3839 - Telecopy


ATTORNEY FOR PLAINTIFF
DSC COMMUNICATIONS CORPORATION

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