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

Filing 191

ORDER RE HOLDING FROM NOVEMBER 6 DISCOVERY HEARING. (whalc2, COURT STAFF) (Filed on 11/6/2014).

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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,
Plaintiffs,

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No. C 13-03248 WHA

ORDER RE HOLDING
FROM NOVEMBER 6
DISCOVERY HEARING

v.

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CELERA CORPORATION, KATHY
ORDOÑEZ, RICHARD H. AYERS,
WILLIAM G. GREEN, PETER BARTON
HUTT, GAIL M. NAUGHTON, WAYNE
I. ROE, and BENNETT M. SHAPIRO,

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Defendants.

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To the extent stated at today’s discovery hearing, the e-mail in dispute — concerning a

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message from Kathy Ordoñez to Scott Milsten — is tentatively held to be a communication

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protected by the attorney-client privilege, at least for the time being.

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This is subject to the following caveat. At trial, if the defense opens the door so as to

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leave the impression that a lawyer somehow blessed the reported mistakes with the drug royalty

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assets, it may be unfair to keep the disputed e-mail from plaintiffs. A final decision on such an

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event will necessarily depend on what happens at trial.

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IT IS SO ORDERED.
Dated: November 6, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE