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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY
STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES & ENVIRONM ENTAL CONTROL, an Administrative Agency of the State of Delaware, Plaintiff, v. MIKE DAVIDSON ENTERPRISES, LLC, 5500 ANDERBY HALL ROAD, LLC, MIKE DAVIDSON EXCAVATING, LLC, Delaware Limited Liability Companies, and MICHAEL P. DAVIDSON, individually and in his official capacity as owner of Mike Davidson Enterprises, LLC, 5500 Anderby Hall Road, LLC and Mike Davidson Excavating, LLC, Defendants. : : : : : : : : : : : : : : : : : : : : :

C.A. No. K12M-06-020 WLW

Submitted: October 26, 2012 Decided: January 28, 2013 ORDER Upon Defendants' Motion for a Protective Order. Denied. Ralph K. Durstein, III, Esquire, Department of Justice, Wilmington, Delaware; attorney for Plaintiff. Stephen E. Smith, Esquire and Glenn C. Mandalas, Esquire of Baird Mandalas, LLC, Dover, Delaware; attorneys for Defendants. WITHAM, R.J.

DNREC v. M ike Davidson Enterprises, LLC, et al. C.A. No. K12M-06-020 WLW January 28, 2013

ISSUE Whether the Court should grant Defendants' Motion for a Protective Order pursuant to Superior Court Civil Rule 26(c) when discovery has not yet commenced? FACTUAL AND PROCEDURAL BACKGROUND A. Origins of Defendants' Business and Issuance of Their Permit Defendants Mike Davidson Enterprises, LLC ("MDE"), 5500 Anderby Hall Road, LLC ("AHR), and Mike Davidson Excavating, LLC ("MDX") are limited liability companies incorporated in Delaware.1 Defendant Michael P. Davidson operates a construction and demolition waste recycling facility ("the facility") located at 3051 Willow Grove Road, near Sandtown, Delaware.2 MDE owns the facility.3 AHR owns land neighboring the facility.4 MDX conducts operations on the same premises.5 In 2009, MDE applied for a permit6 from DNREC to operate the facility, which receives construction and demolition debris; produces mulch and grade stakes from the construction and demolition wood waste; and provides for the recycling of
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Compl.

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