Angioscore, Inc. v. Trireme Medical, Inc. et al

Filing 150

ORDER GRANTING DISCOVERY RELIEF; GRANTING UNOPPOSED MOTION TO VACATE ORDER; CONTINUING MOTION HEARINGS. Set/Reset Deadlines as to #139 MOTION to Strike, #131 MOTION for Summary Judgment of Non-Infringement of U.S. Pat. 7691119. Motion Hearing set for 2/11/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 1/3/2014. (fs, COURT STAFF) (Filed on 1/3/2014)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8
9
10

ANGIOSCORE, INC.,
Plaintiff,

Northern District of California

United States District Court

11
12
13
14
15

vs.

Case No.: 12-CV-3393 YGR
ORDER GRANTING DISCOVERY RELIEF;
GRANTING UNOPPOSED MOTION TO VACATE
ORDER; CONTINUING MOTION HEARINGS

TRIREME MEDICAL, INC., et al.,
Defendants.
This Order addresses three matters now pending in this case. The first is a joint discovery

16

letter brief filed by the parties on January 2, 2014. (Dkt. No. 149 ("Letter Brief").) Plaintiff's

17

requested search string is broad but not inappropriate, and Defendants' claims of burden lack

18

specificity. Accordingly, the Court GRANTS Plaintiff its requested relief and ORDERS the production

19

identified in the Letter Brief, that is, documents identified using the search string "choc* NOT candy

20

AND (design OR manufacture OR fda OR sell OR sale OR use OR moa OR mechanism OR scor*

21

OR cut*)." Defendants shall track in an itemized fashion the costs incurred as a result of this

22

production. Within three business days of the signature date of this Order, Defendants shall provide

23

Plaintiff with an estimate of the costs Defendants currently anticipate the request will incur.

24

Thereafter, every fifteen business days, Defendants shall provide Plaintiff with a reasonably itemized

25

update of the costs actually incurred. The Court may consider, in the future, whether cost shifting is

26

appropriate.

27
28

The second matter before the Court is Plaintiff's motion to vacate the portion of this Court's
Order of November 13, 2013 that authorized Defendants to take the deposition of a paralegal

1

employed by Plaintiff's counsel, Yancy Meneses. (Dkt. Nos. 121 ("November 13 Order"), 135

2

("Motion to Vacate").) Defendants have filed a statement of non-opposition. The Motion to Vacate

3

being unopposed, and good cause appearing, is GRANTED. The Court's November 13 Order is hereby

4

VACATED to the extent that it authorized Defendants to depose Ms. Meneses.

5

Finally, the Court turns to the scheduling of hearings on Defendants' motion for summary

judgment motion. (Dkt. Nos. 131 ("Summary Judgment Motion"), 139 ("Daubert Motion").) The

8

former is set for hearing on January 14, 2014, the latter for January 28, 2014. The Court hereby

9

CONTINUES both motion hearings to its 2:00 p.m. calendar on Tuesday, February 11, 2014, in

10

Courtroom 5 of the United States Courthouse, on 1301 Clay Street, in Oakland, California. All

11

Northern District of California

judgment and Plaintiff's Daubert motion, filed concurrently with its opposition to the summary

7

United States District Court

6

briefing deadlines remain unchanged.

12

This Order terminates Docket Nos. 135 and 149.

13

IT IS SO ORDERED.

14
15
16

Dated: January 3, 2014

__________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28

2