Swanson v. Alza Corporation

Filing 94

ORDER by Judge Kandis A. Westmore denying 88 Administrative Motion to File Under Seal; denying 89 Motion for Leave to File; granting 93 Motion to Strike. (kawlc1, COURT STAFF) (Filed on 9/27/2013)

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United States District Court
Northern District of California

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DR. JAMES M. SWANSON,
Plaintiff,

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v.

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ALZA CORPORATION,

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Defendant.

Case No.: CV 12-04579-PJH (KAW)
ORDER DENYING DEFENDANT’S
ADMINISTRATIVE REQUEST TO FILE
UNDER SEAL & MOTION FOR LEAVE TO
FILE PROPOSED SUPPLEMENT;
ORDER GRANTING PLAINTIFF’S
MOTION TO STRIKE

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United States District Court
Northern District of California

(Dkt. Nos. 88, 89 & 93)
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On September 19, 2013, the Court held a hearing on the parties’ August 15, 2013 joint

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discovery letter. Thereafter, on September 25, 2013, Defendant ALZA Corporation (“ALZA”)

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filed several additional documents, including a Motion for Leave to File Proposed Supplement to

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the Parties’ Joint Discovery Report. (Dkt. Nos. 88-92.) In response, Plaintiff Dr. James M.

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Swanson filed a Motion to Strike Defendant’s numerous documents on the grounds that the Court

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did not invite either party to submit supplemental briefing or arguments. (Pl.’s Mot. to Strike,

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Dkt. No. 93, at 1.)

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In fact, the Court did not invite either party to file supplemental materials in support of

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their positions, and, at the hearing, the parties stated on the record that they were comfortable with

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the Court ruling based on the information already in its possession. The Court will, therefore, not

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consider the supplemental information provided by Defendant.

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Defendant’s Motion for Leave to File Proposed Supplement to Parties’ Joint Discovery

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Report (Dkt. No. 89) and Administrative Request to File Under Seal (Dkt. No. 88) are DENIED,

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and any related declarations, attachments and exhibits (Dkt. Nos. 88-1, 90-92) will not be

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considered. Plaintiff’s Motion to Strike is GRANTED.

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This terminates Docket Numbers 88, 89, and 93.

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IT IS SO ORDERED.

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DATE: September 27, 2013

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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