Karl Storz Endoscopy-America, Inc. v. Stryker, Inc. et al

Filing 219

ORDER denying renewed motion to compel re 200 Letter Brief filed by Stryker Corporation, Stryker Communications, Inc. (vrwlc1, COURT STAFF) (Filed on 6/24/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 1, 2010, the court denied without prejudice defendants' motion to compel production of documents pending plaintiff's submission of a supplemental affidavit supporting plaintiff's attorney-client privilege claim. Doc #198. Plaintiff v STRYKER CORPORATION AND STRYKER COMMUNICATIONS, INC, Defendants. / KARL STORZ ENDOSCOPY-AMERICA, INC, Plaintiff, No C 09-0355 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

submitted a supplemental affidavit on March 11, 2010.

Doc #199.

Defendants thereafter renewed the motion to compel by letter brief. Doc #200. Plaintiff's supplemental affidavit explains for each document the basis for plaintiff's claim of privilege. See Doc

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

#199 at 12-29; Doc #199-12.

The submission suffices to meet

plaintiff's burden to show the documents sought by defendants, document nos 1-3, 5-8, 10-18 and 20-25, fall within the scope of attorney-client privilege as defined in In re Spalding Sports Worldwide, 203 F3d 800, 803 (Fed Cir 2000); see also Clarke v American Commerce National Bank, 974 F2d 127, 129 (9th Cir 1992). Accordingly, defendants' renewed motion to compel, Doc #200, is DENIED.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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