In re: Application of Medical Research Council for Order

Filing 24

ORDER Regarding Discovery Dispute. Signed by Judge Sallie Kim on December 16, 2015. (sklc1S, COURT STAFF) (Filed on 12/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE: APPLICATION OF MEDICAL
RESEARCH COUNSIL FOR AN ORDER
PERMITTING ISSUANCE OF
SUBPOENAS TO TAKE DISCOVERY
FOR USE IN FOREIGN PROCEEDING,
Petitioner.

Case No. 15-mc-80213-SK
ORDER REGARDING DISCOVERY
DISPUTE

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Regarding Docket No. 23

United States District Court
Northern District of California

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On December 15, 2015, after close of business, Medical Research Council (“MRC”) filed a

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unilateral letter brief in violation of this Court’s Standing Order. The Court’s Standing Order

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requires that the parties meet and confer before seeking relief on a discovery dispute. If the parties

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are unable to meet and confer or the moving party is unable to obtain the opposition party’s

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portion of the joint letter, the Standing Order sets forth specific procedures with which the moving

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party must comply. MRC did not submit a joint letter brief, did not explain whether it meet and

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conferred with Genentech, Inc, and did not comply with the procedures for submitting a unilateral

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letter brief. Moreover, MRC contends that it needs Genentech to provide satisfactory discovery

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responses by December 18, 2015, but fails to explain why it waited until 8:24 p.m. on December

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15, 2015 to file its letter brief. MRC is admonished that any future failure to comply with this

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Court’s Standing Order will be sanctioned.

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The Court HEREBY ORDERS Genentech to file a responsive letter brief today, December
16, 2015, by no later than 8:30 p.m.
IT IS SO ORDERED.
Dated: December 16, 2015
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SALLIE KIM
United States Magistrate Judge