The Regents of the University of California v. St. Jude Medical, Inc.

Filing 102

ORDER RE: DISCOVERY DISPUTE re (98 in 4:16-cv-06210-YGR) Joint Discovery Letter Brief filed by St. Jude Medical, LLC, The Regents of the University of California, (86 in 4:16-cv-06266-YGR) Joint Discovery Letter Brief filed by Boston Scientific Corporation, St. Jude Medical, LLC, The Regents of the University of California. Signed by Judge Yvonne Gonzalez Rogers on 5/3/2018. (fs, COURT STAFF) (Filed on 5/3/2018)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 9 DKT NO. 98 v. ST. JUDE MEDICAL, INC., Defendant. 10 11 Northern District of California 12 United States District Court ORDER RE: DISCOVERY DISPUTE Plaintiff, 7 8 Case No.: 16-CV-6210 YGR THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, 13 Case No.: 16-CV-6266 YGR Plaintiff, 14 15 16 DKT. NO. 86 v. BOSTON SCIENTIFIC, CORP., Defendant. 17 18 This order addresses the parties’ discovery dispute regarding the request for protective order 19 by the Regents of the University of California (“Regents”) concerning depositions sought by 20 defendants St. Jude Medical and Boston Scientific. (Dkt. No. 98 in 16-cv-6210 YGR and Dkt. No. 21 86 in 16-cv-6266 YGR.) The Court has reviewed the parties’ joint status statement filed April 27, 22 2018. (Dkt. No. 90.) 23 Despite having been provided an additional opportunity to present their positions, the Court 24 finds the parties’ submissions on the issue of proportionality lacking. Nevertheless, the Court 25 ORDERS that discovery be provided as stated herein, based on the information presently before the 26 Court, and taking into consideration: (i) the parties’ submissions; (ii) the impeding discovery cutoff; 27 (iii) the scope of the damages that plaintiff seeks; (iv) the scope of discovery presumptively allowed 28 under the Federal Rules; and (v) the overlap between the two captioned cases and the ability to share 1 2 discovery. Defendants are allowed a total of seven (7) additional depositions beyond those already 3 completed as of the date of this order. The depositions shall be no more than seven hours each, and 4 shall be conducted jointly or divided between the two sets of defendants. The additional depositions 5 shall be limited to no more four electrophysiologists across the 5 UC Medical Schools and the 11 6 7 8 teaching hospitals. As to the document requests, the Regents shall provide documents within its custody and control as to the thirteen electrophysiologists identified by defendants. To the extent that the Regents 9 asserts that the documents sought from those EPs are not within its custody and control, defendants 10 may subpoena those electrophysiologists to obtain the documents, and the Regents is deemed to have 11 Northern District of California United States District Court 12 13 14 15 16 waived its objections to doing so. This Order is without prejudice to the defendants requesting authorization for additional depositions, should discovery demonstrate a justifiable basis for the request. To the extent either party seeks an extension of the discovery cut-off, the Court denies the request absent more specific good cause for any such extension. 17 This terminates Docket No. 98 in 16-cv-6210 YGR and Docket No. 86 in 16-cv-6266 YGR. 18 IT IS SO ORDERED. 19 Dated: May 3, 2018 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 2

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