Medtronic, Inc. et al v. AGA Medical Corporation

Filing 134

ORDER by Judge Edward M. Chen conditionally granting 125 Defendant's Motion to Compel Production of Documents Withheld on the Basis of Confidentiality (emclc1, COURT STAFF) (Filed on 11/18/2008)

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1 2 3 4 5 6 7 8 9 10 v. AGA MEDICAL CORPORATION, et al., Defendant. ___________________________________/ MEDTRONIC, INC., et al., Plaintiffs, No. C-07-0567 MMC (EMC) ORDER CONDITIONALLY GRANTING DEFENDANT'S UNOPPOSED MOTION TO COMPEL PRODUCTION OF DOCUMENTS WITHHELD ON THE BASIS OF CONFIDENTIALITY (Docket No. 125) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 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 Defendant has filed a motion asking the Court to compel Plaintiff to produce a patent license agreement that it entered into with Lombard Medical Technologies, Inc. Defendant represents that the motion is not opposed by Plaintiff, and Plaintiff has confirmed such. Apparently, Plaintiff has withheld the document solely because its agreement with Lombard provided that the agreement would not be produced in the absence of a court order compelling production. Under these circumstances, the Court shall conditionally GRANT Defendant's motion to compel. More specifically, the Court hereby orders that Plaintiff shall produce the agreement at issue to Defendant absent a motion by Lombard seeking to prevent disclosure. Plaintiff shall serve a copy of this order on Lombard such that it is received by Lombard no later than December 5, 2008. Once served, Plaintiff shall immediately file a proof of service with this Court. Lombard shall then have until December 17, 2008, to file a motion barring disclosure. If no motion is filed, then the /// /// 1 2 3 4 5 6 7 8 9 10 agreement shall be produced by Plaintiff on December 19, 2008. If a motion is filed, the parties shall take no action pending further order of this Court. Accordingly, the motion to compel is granted, subject to the provisions above. This order disposes of Docket No. 125. IT IS SO ORDERED. Dated: November 18, 2008 _________________________ EDWARD M. CHEN United States Magistrate 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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