DD Support Board and Research Team

[janice shell]

hmmmm....

Defendants contend that this Court should consider
the Notaro test in determining whether expedited
discovery should be allowed. In Notaro v. Koch, 95
F.R.D. 403 (S.D.N.Y.1982), the district court of New
*275 York applied a four-prong test in determining
whether expedited discovery was warranted. The
Notaro court considered whether to allow the early
deposition of the then mayor of the state of New
York in conjunction with claims that the mayor
intended to fire certain state employees if the mayor
was elected governor. While the plaintiffs did not
seek a preliminary injunction, the Notaro court
required them to satisfy a standard akin to a
preliminary injunctive relief:
[1] irreparable injury; [2] some probability of
success on the merits; [3] some connection between
expedited discovery and avoidance of irreparable
injury; and [4] some evidence that injury will result
without expedited discovery looms greater than the
injury that the defendant will suffer if the expedited
relief is granted.