Strom v. Scios, Inc. et al

Filing 131

ORDER RE: SEPTEMBER 15, 2011 AND SEPTEMBER 17, 2011 JOINT LETTERS. Signed by Magistrate Judge Jacqueline Scott Corley on 9/19/2011. (ahm, COURT STAFF) (Filed on 9/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C05-3004 CRB (JSC)

UNITED STATES ex rel. STROM,

ORDER RE: SEPTEMBER 15, 2011
AND SEPTEMBER 17, 2011 JOINT
LETTERS

Plaintiffs,
v.
SCIOS, INC. and JOHNSON & JOHNSON,

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Defendants.
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Now pending before the Court are the parties’ joint letters of September 15, 2011 and

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September 17, 2011. After carefully considering the parties’ positions, the Court rules as set

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forth below.

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A.

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Defendants have withheld from production on attorney-client privilege grounds an

September 15, 2011 Joint Letter

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email chain relating to a third party’s complaint regarding the promotion of Natrecor. At the

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parties’ request the Court has reviewed the withheld emails in their entirety in camera and

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finds that they do not involve communications seeking legal advice and thus must be

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produced. See United States v. Graf, 610 F.3d 1148, 1156 (9th Cir. 2010). The copying of

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the email to in-house counsel does not mean the email necessarily involved the seeking of

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legal advice. See United States v. ChevronTexaco Corp., 241 F.Supp.2d 1065, 1075 (N.D.

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Cal. 2002).

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Upon production of the email chain the parties shall meet and confer regarding

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whether any depositions need to be reopened in light of the production. The depositions, if

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any, may take place after the September 23, 2011 discovery cut-off.

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B.

September 17, 2011 Letter

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Plaintiff’s motion to quash Defendants’ deposition subpoena on Dr. Peacock is

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denied. Since Plaintiff contends it cannot reasonably be ready for Dr. Peacock’s deposition

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on September 23, 2011, the parties shall meet and confer as to a mutually convenient date in

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October. The parties shall reach agreement as to the date of Dr. Peacock’s deposition on or

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before September 23, 2011.

United States District Court
For the Northern District of California

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IT IS SO ORDERED.
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Dated: September 19, 2011
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JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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