in the Court of Appeals 20 February 2018.
by defendants from orders entered 20 February 2017 and 3
April 2017 by Judge Orlando F. Hudson, Jr. in Durham County,
No. 17 CVS 1647 Superior Court.
Whiteford, Taylor & Preston LLP, by C. Allen Foster and
Eric C. Rowe, for plaintiff-appellee.
Attorneys, PLLC, by Joseph A. Davies, and Marino Finley LLP,
by Daniel Marino, Tillman J. Finley and Kathrynn Benson, pro
hac vice, for defendant-appellants.
Nell, Torch Hill Investment Partners, LLC, The Allies
Corporation, and Andrew Blair ("Defendants") appeal
from an order granting Engility Corporation's
("Plaintiff") motion to quash and for protective
order. Defendants also appeal from an order denying their
Rule 60 motion for relief. We dismiss the appeal pertaining
to the order granting Plaintiff's motion to quash as
untimely and interlocutory. The trial court's order
denying Defendants' motion for relief is affirmed.
filed suit against Defendants in Fairfax County, Virginia
(the "Virginia Case"). Some of the allegations
arose from the Plaintiff's attempted sale of
International Resource Group ("IRG"), a subsidiary
of its international business. In early January 2017,
Research Triangle Institute, Inc. ("RTI") purchased
January 2017, Defendants requested the Durham County superior
court to issue a subpoena to RTI pursuant to the Uniform
Depositions and Discovery Act. N.C. Gen. Stat. § 1F-3
(2017). This request was based upon a previously issued
Virginia subpoena and sought to obtain documents related to
the pending Virginia Case.
objected to the request for third-party discovery and filed a
motion to quash the Virginia subpoena to RTI in Fairfax
County, on 9 February 2017. Plaintiff and RTI requested
Defendants allow them to postpone the production of documents
until after the motion concerning the Virginia subpoena was
resolved. Defendants refused.
February 2017, RTI sent Defendants a letter of objection to
the subpoena, and again requested to delay production,
pending the outcome of the hearing in Virginia. That same
day, Plaintiff filed a motion to quash and for protective
order in Durham County, arguing
the information requested from RTI [was] repetitive of
discovery requests already made to Plaintiff, is in the
process of being provided by Plaintiff to Defendants, serves
no purpose other than to unduly burden RTI and is the subject
of a pending motion to quash in the Circuit Court of Fairfax
County, VA, the venue of the related action.
motion was served upon Defendants by first class and
electronic mail on 14 February 2017. Defendants deny ever
receiving the motion via first class mail. No hearing was
held on Plaintiff's motion. The superior court granted
Plaintiff's motion to quash the subpoena and allowed
monetary sanctions on Defendants in an order dated 20
February 2017 (the "February order"). In an order
dated 3 March 2017, the Fairfax County circuit court denied
Plaintiff's motion to quash the Virginia ...