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In re Fannie Mae Derivative Litigation
Citations: 227 F.R.D. 142; 2005 U.S. Dist. LEXIS 2967; 2005 WL 433271Docket: No. Civ. 04-1783(RJL)
Court: District Court, District of Columbia; February 22, 2005; Federal District Court
James Kellmer's motion for expedited discovery to support a preliminary injunction has been denied by the Court. The Court evaluated the motion under two established tests for expedited discovery: the Notaro test and the reasonableness test. Under the Notaro test, the Court found that Kellmer did not meet the necessary criteria, which include demonstrating irreparable injury, a probability of success on the merits, a connection between expedited discovery and avoiding irreparable injury, and evidence that the injury from not granting expedited discovery outweighs the harm to the defendant. The reasonableness test, adopted by some courts, assesses the motion considering various factors, such as whether a preliminary injunction is pending, the breadth of the discovery requests, the purpose of the request, the burden on the defendants, and the timing of the request. The Court concluded that Kellmer's discovery requests seemed designed to bypass the standard litigation process and were deemed unreasonable. Consequently, since Kellmer's request did not satisfy either test, the Court ordered that the Motion for Expedited Proceedings is denied. This order was issued on February 23, 2005.