Biotechnology Value Fund, L.P. et al v. Celera Corporporation et al

Filing 167

ORDER TO SHOW CAUSE AS TO NON-PARTY PHARMACYCLICS, INC. Show Cause Response due by 9/15/2014. Signed by Judge Alsup on 9/11/2014. (whalc2, COURT STAFF) (Filed on 9/11/2014).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 12 BIOTECHNOLOGY VALUE FUND, L.P., BIOTECHNOLOGY VALUE FUND II, L.P., INVESTMENT 10, L.L.C., BVF INVESTMENTS, L.L.C.; BVF INC., and BVF X, LLC, 13 14 15 16 17 18 19 No. C 13-03248 WHA Plaintiffs, v. CELERA CORPORATION, CREDIT SUISSE SECURITIES (USA) LLC, KATHY ORDOÑEZ, RICHARD H. AYERS, WILLIAM G. GREEN, PETER BARTON HUTT, GAIL M. NAUGHTON, WAYNE I. ROE, and BENNETT M. SHAPIRO, ORDER TO SHOW CAUSE AS TO NON-PARTY PHARMACYCLICS, INC. Defendants. / 20 21 Today, plaintiffs’ counsel filed a three-page letter stating that they subpoenaed certain 22 drug valuation documents from non-party Pharmacyclics, Inc., but that Pharmacyclics refuses to 23 produce those documents because the amended stipulated protective order does not provide 24 sufficient protection (in Pharmacyclics’ view). Among other items, the amended stipulated 25 protective order contains provisions on “Attorneys’ Eyes Only” review, which would encompass 26 review by defendants’ in-house litigation counsel. Plaintiffs’ counsel further represent that 27 Pharmacyclics had agreed to turn over the valuation documents, but now refuses to do so despite 28 the “Attorneys’ Eyes Only” provisions in the amended stipulated protective order. 1 Given this action’s discovery cut-off on October 21, 2014, Pharmacyclics is hereby 2 ORDERED TO SHOW CAUSE as to why it should not comply with plaintiffs’ subpoenas and turn 3 over the sought-after valuation documents. Pharmacyclics’ response to this order to show cause 4 shall be no more than THREE PAGES, and is due by 12 PM ON SEPTEMBER 15, 2014. In the 5 alternative, Pharmacyclics may bring a proper motion to quash plaintiffs’ subpoenas, due by 12 6 PM ON SEPTEMBER 15, 2014. Plaintiffs’ counsel will promptly serve Pharmacyclics with a 7 copy of this order, by first-class mail and e-mail. 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 Dated: September 11, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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