The County of Santa Clara v. Astra USA, Inc et al

Filing 612

ORDER RE MERCK'S LETTER RE DISCOVERY. Signed by Judge Alsup on May 4, 2010. (whalc2, COURT STAFF) (Filed on 5/4/2010)

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1 2 3 4 5 6 7 8 9 10 THE COUNTY OF SANTA CLARA, and THE COUNTY OF SANTA CRUZ, Plaintiffs, v. ASTRA USA, INC., et. al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California No. C 05-03740 WHA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE MERCK'S LETTER RE DISCOVERY The Court has received defendant Merck's letter regarding its failure to produce all emails required by the discovery order of March 19, 2010. Any request for relief from the March 19 discovery order must be made in the form of a properly-noticed motion accompanied by supporting sworn declarations. A letter request is insufficient. The Court is disappointed that Merck did not file its letter until after the deadline of noon on April 30, 2010. By NOON ON MAY 6, 2010, both sides should file written briefs of no more than seven pages addressing whether Merck's failure to comply with the March 19 deadline, to seek timely relief, or to properly preserve backup tapes should result in an adverse inference or other penalty. IT IS SO ORDERED. Dated: May 4, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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