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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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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,

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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.
/

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Today, plaintiffs’ counsel filed a three-page letter stating that they subpoenaed certain

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drug valuation documents from non-party Pharmacyclics, Inc., but that Pharmacyclics refuses to

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produce those documents because the amended stipulated protective order does not provide

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sufficient protection (in Pharmacyclics’ view). Among other items, the amended stipulated

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protective order contains provisions on “Attorneys’ Eyes Only” review, which would encompass

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review by defendants’ in-house litigation counsel. Plaintiffs’ counsel further represent that

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Pharmacyclics had agreed to turn over the valuation documents, but now refuses to do so despite

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the “Attorneys’ Eyes Only” provisions in the amended stipulated protective order.

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Given this action’s discovery cut-off on October 21, 2014, Pharmacyclics is hereby

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ORDERED TO SHOW CAUSE as to why it should not comply with plaintiffs’ subpoenas and turn

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over the sought-after valuation documents. Pharmacyclics’ response to this order to show cause

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shall be no more than THREE PAGES, and is due by 12 PM ON SEPTEMBER 15, 2014. In the

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alternative, Pharmacyclics may bring a proper motion to quash plaintiffs’ subpoenas, due by 12

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PM ON SEPTEMBER 15, 2014. Plaintiffs’ counsel will promptly serve Pharmacyclics with a

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copy of this order, by first-class mail and e-mail.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: September 11, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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