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CAUSE NO. 048-272569-14
INTHINC TECHNOLOGY SOLUTIONS, § IN THE DISTRICT COURT OF
INC., §
§
Plaintiff, §
§ TARRANT COUNTY, TEXAS
v. §
§
MIX TELEMATICS NORTH AMERICA, §
INC., §
§ 48 1h JUDICIAL DISTRICT
Defendant.
ORDER GRANTING PLAINTIFF'S EMERGENCY
MOTION FOR EXPEDITED DISCOVERY
On this day came to be heard Plaintiff inthinc Technology Solutions, Inc.'s ("Plaintiff')
Emergency Motion for Expedited Discovery. The Court, after reviewing Plaintiff's Emergency
Motion for Expedited Discovery, Defendant's Response thereto, Plaintiff's Reply, and after
hearing argument from counsel for both parties at a hearing on the merits of the motion, finds
that the motion is well taken, and the motion should be and is GRANTED IN PART.
IT IS ORDERED that the following expedited discovery schedule is hereby approved
and entered for this matter:
a. The currently pending Temporary Restraining Order shall be and is hereby extended
through the date of the Temporary Injunction hearing pursuant to Rule 680 of the
Texas Rules of Civil Procedure due to Defendant's agreement, in open court, to the
extension. Defendant's consent to the extension of the Temporary Restraining Order
shall not be considered a concession by Defendant that the Temporary Restraining
Order was properly issued, but to provide the parties with adequate opportunity to
Comt'r. ff;\nute;
conduct discovery pursuant to the following schedule: -~rt,'V:.::-~t;-t:"''
'.' {;;/
{29062309;1}0RDER GRANTING EXPEDITED DISCOVERY PAC
b. Defendant agrees to prepare and serve upon Plaintiff a proposed Agreed Protective
Order on or before 5:00p.m. CST, Friday, June 20, 2014. Plaintiff agrees to provide
any proposed revisions thereto and/or agree to the proposed Agreed Protective Order
on or before 5:00p.m. CST, Monday, June 23, 2014. The parties agree to present to
the Court on or before 5:00 p.m. CST, Tuesday, June 24, 2014 either a Proposed
Agreed Protective Order; or, if agreement cannot be had regarding each and every
term of a Proposed Agreed Protective Order, then the parties agree to present to the
Court a Proposed Agreed Protective Order with notations clearly illustrating the
provisions where the parties agree and the provisions where the parties disagree and
jointly request the Court's ruling on only those provisions in dispute.
c. The parties may serve Rule 194 Requests for Disclosure related to the Temporary
Injunction hearing and may serve no more than ten (I 0) Interrogatories and fifteen
(15) Requests for Production to each of the other parties. Service must be effected
through email, personal service, or facsimile service on or before 5:00 p.m. CST,
Monday, June 23,2014.
d. The party responding to written discovery requests must serve written responses and
any objections to the Interrogatories and Requests for Production such that the
requesting party receives the responses or objections on or before 5:00 p.m. CST,
Thursday, June 26, 2014.
e. In response to Requests for Production, the responding party must produce . all
responsive documents and materials, to which no objection was lodged, such that the
requesting party receives the documents and materials on or before 5:00 p.m. CST,
Monday, June 30, 2014.
(29062309;1 }ORDER GRANTING EXPEDITED DISCOVERY PAC
f. If the responding party withholds any documents or information on the basis of
privilege, the responding party must comply with TEX. R. CIV. PROC. 193.3(a) and,
without any request by the requesting party, provide the information set forth in TEX.
R. CIV. PROC. 193.3(b) such that the requesting party receives such information on
or before 5:00p.m. CST, Monday, June 30,2014.
g. The parties shall meet and confer on any objections no later than one and one-half
hours prior to any hearing on same.
h. The Court shall hold a hearing on any outstanding objections which are not resolved
by the parties at a date and time to be determined by the Court.
i. All documents and materials which are withheld subject to objections that are
overruled by the court shall be produced such that the requesting party receives such
documents and materials on or before 5:00p.m. CST, Tuesday, July 8, 2014.
J. Each side may take up to two (2) depositions. Depositions shall be limited to four (4)
hours each and shall be limited in subject matter to the issues to be addressed at the
Temporary Injunction Hearing.
k. The Temporary Injunction hearing shall be treated like a trial for purposes of Rule
193.5 and !93.6 such that all discovery must be supplemented prior to the Temporary
Injunction hearing or shall be subject to exclusion. For purposes of the Temporary
Injunction hearing only, the parties have agreed and it is so ordered that the 30-day
deadline in Rule I 93 .5 to supplement discovery prior to trial shall be amended such
that discovery must be supplemented no later than four (4) days prior to the
Temporary Injunction hearing.
{29062309;I)0RDER GRANTING EXPEDITED DISCOVERY PAC
I. The parties shall agree to a deposition schedule such that all requested depositions are
completed on or before Friday, July 19, 2014.
m. Plaintiffs Motion for a Temporary Injunction shall be heard on July 21, 2014 at
_ _!_tj_ am/pH"(CST.
SIGNED this / ~y ofJune, 2014, at
HONORABLE JUDGE PRESIDING
{29062309;1}0RDER GRANTING EXPEDITED DISCOVERY PAC
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CAUSE NO. 048-272569-14 INTHINC TECHNOLOGY SOLUTIONS, § IN THE DISTRICT COURT OF INC., § § Plaintiff, § § TARRANT COUNTY, TEXAS v. § § MIX TELEMATICS NORTH AMERICA, § INC., § § 48 1h JUDICIAL DISTRICT Defendant. ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR EXPEDITED DISCOVERY On this day came to be heard Plaintiff inthinc Technology Solutions, Inc.'s ("Plaintiff') Emergency Motion for Expedited Discovery. The Court, after reviewing Plaintiff's Emergency Motion for Expedited Discovery, Defendant's Response thereto, Plaintiff's Reply, and after hearing argument from counsel for both parties at a hearing on the merits of the motion, finds that the motion is well taken, and the motion should be and is GRANTED IN PART. IT IS ORDERED that the following expedited discovery schedule is hereby approved and entered for this matter: a. The currently pending Temporary Restraining Order shall be and is hereby extended through the date of the Temporary Injunction hearing pursuant to Rule 680 of the Texas Rules of Civil Procedure due to Defendant's agreement, in open court, to the extension. Defendant's consent to the extension of the Temporary Restraining Order shall not be considered a concession by Defendant that the Temporary Restraining Order was properly issued, but to provide the parties with adequate opportunity to Comt'r. ff;\nute; conduct discovery pursuant to the following schedule: -~rt,'V:.::-~t;-t:"'' '.' {;;/ {29062309;1}0RDER GRANTING EXPEDITED DISCOVERY PAC b. Defendant agrees to prepare and serve upon Plaintiff a proposed Agreed Protective Order on or before 5:00p.m. CST, Friday, June 20, 2014. Plaintiff agrees to provide any proposed revisions thereto and/or agree to the proposed Agreed Protective Order on or before 5:00p.m. CST, Monday, June 23, 2014. The parties agree to present to the Court on or before 5:00 p.m. CST, Tuesday, June 24, 2014 either a Proposed Agreed Protective Order; or, if agreement cannot be had regarding each and every term of a Proposed Agreed Protective Order, then the parties agree to present to the Court a Proposed Agreed Protective Order with notations clearly illustrating the provisions where the parties agree and the provisions where the parties disagree and jointly request the Court's ruling on only those provisions in dispute. c. The parties may serve Rule 194 Requests for Disclosure related to the Temporary Injunction hearing and may serve no more than ten (I 0) Interrogatories and fifteen (15) Requests for Production to each of the other parties. Service must be effected through email, personal service, or facsimile service on or before 5:00 p.m. CST, Monday, June 23,2014. d. The party responding to written discovery requests must serve written responses and any objections to the Interrogatories and Requests for Production such that the requesting party receives the responses or objections on or before 5:00 p.m. CST, Thursday, June 26, 2014. e. In response to Requests for Production, the responding party must produce . all responsive documents and materials, to which no objection was lodged, such that the requesting party receives the documents and materials on or before 5:00 p.m. CST, Monday, June 30, 2014. (29062309;1 }ORDER GRANTING EXPEDITED DISCOVERY PAC f. If the responding party withholds any documents or information on the basis of privilege, the responding party must comply with TEX. R. CIV. PROC. 193.3(a) and, without any request by the requesting party, provide the information set forth in TEX. R. CIV. PROC. 193.3(b) such that the requesting party receives such information on or before 5:00p.m. CST, Monday, June 30,2014. g. The parties shall meet and confer on any objections no later than one and one-half hours prior to any hearing on same. h. The Court shall hold a hearing on any outstanding objections which are not resolved by the parties at a date and time to be determined by the Court. i. All documents and materials which are withheld subject to objections that are overruled by the court shall be produced such that the requesting party receives such documents and materials on or before 5:00p.m. CST, Tuesday, July 8, 2014. J. Each side may take up to two (2) depositions. Depositions shall be limited to four (4) hours each and shall be limited in subject matter to the issues to be addressed at the Temporary Injunction Hearing. k. The Temporary Injunction hearing shall be treated like a trial for purposes of Rule 193.5 and !93.6 such that all discovery must be supplemented prior to the Temporary Injunction hearing or shall be subject to exclusion. For purposes of the Temporary Injunction hearing only, the parties have agreed and it is so ordered that the 30-day deadline in Rule I 93 .5 to supplement discovery prior to trial shall be amended such that discovery must be supplemented no later than four (4) days prior to the Temporary Injunction hearing. {29062309;I)0RDER GRANTING EXPEDITED DISCOVERY PAC I. The parties shall agree to a deposition schedule such that all requested depositions are completed on or before Friday, July 19, 2014. m. Plaintiffs Motion for a Temporary Injunction shall be heard on July 21, 2014 at _ _!_tj_ am/pH"(CST. SIGNED this / ~y ofJune, 2014, at HONORABLE JUDGE PRESIDING {29062309;1}0RDER GRANTING EXPEDITED DISCOVERY PAC