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

Filing 682

ORDER CLARIFYING THIRD AMENDED CASE MANAGEMENT ORDER RE NON-PARTY SUBPOENAS. Signed by Judge Alsup on August 3, 2010. (whalc2, COURT STAFF) (Filed on 8/3/2010)

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The County of Santa Clara v. Astra USA, Inc et al Doc. 682 1 2 3 4 5 6 7 8 9 10 THE COUNTY OF SANTA CLARA, on behalf of itself and all others similarly situated, Plaintiffs, v. ASTRA USA, INC., ASTRA ZENECA PHARMACEUTICALS LP, EVENTS PHARMACEUTICALS, INC., BAYER CORPORATION, BRISTOL-MYERS SQUIBB COMPANY, PFIZER, INC., SCHERING-PLOUGH CORPORATION TAP PHARMACEUTICAL PRODUCTS, INC., ZENECCA, INC., ZLB BEHRING LLC, SMITHKLINE BEECHAM CORPORATION, SMITHKLINE BEECHAM CORPORATION d/b/a GLAXO SMITHKLINE, WYETH, INC., WYETH PHARMACEUTICALS, INC., 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 CLARIFYING THIRD AMENDED CASE MANAGEMENT ORDER RE NON-PARTY SUBPOENAS Issued on July 9, 2010, the third amended case management order (Dkt. No. 667) is the operative scheduling order in this matter. Among other items, it stated that plaintiffs "could take document and deposition discovery from any two non-party large entities like Kaiser said by counsel to have likely obtained hidden concessions" (July 9 order at 2). The parties now seek clarification whether the order intended that plaintiffs be allowed to serve this non-party discovery on a total of two entities or on two entities per defendant. The intent and plain language of the order is that plaintiffs be limited to two non-party subpoenas (and accompanying document requests) in total, not two per defendant. As noted in the third amended case Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 management order, the document requests must be narrowly drawn to a small number of drugs for a discrete time period and cannot be broad fishing expeditions. Please do not use this purported issue as an excuse to ask for a deadline extension. IT IS SO ORDERED. Dated: August 3, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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