• January 26, 2010

Updating a previous post regarding a Holiday fire-drill thanks to plaintiffs’ emergency motion for a temporary restraining order and expedited discovery, the “emergency” motion was denied by Judge Rosenbaum on 12/29.

Plaintiffs keep up the pressure with a motion for immediate discovery (not awaiting the Rule 26(f) scheduling conference).  One wonders if there might have been a means to cast the case as “non-diverse,” thus putting the case in Minnesota state court, possibly without means to remove to federal court.  (In Minnesota state court, there is no such bar to discovery at the outset of a case.)

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