Plexxikon Inc. v. Novartis Pharmaceuticals Corporation

Filing 127

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 114 MOTION FOR RELIEF FROM NON-DISPOSITIVE PRETRIAL ORDER.(ndrS, COURT STAFF) (Filed on 2/5/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PLEXXIKON INC., Plaintiff, 8 9 10 11 Case No. 17-cv-04405-HSG ORDER DENYING MOTION FOR RELIEF FROM NON-DISPOSITIVE PRETRIAL ORDER v. Re: Dkt. No. 114 NOVARTIS PHARMACEUTICALS CORPORATION, United States District Court Northern District of California Defendant. 12 13 On December 19, 2018, Magistrate Judge Elizabeth D. Laporte’s issued an amended order 14 conditionally granting Plaintiff Plexxikon, Inc.’s request for letters of request, allowing it to obtain 15 discovery from Novartis entities located in Switzerland. See Dkt. No. 112. Defendant Novartis 16 Pharmaceuticals Corporation filed a motion for relief from Judge Laporte’s non-dispositive 17 pretrial order on December 21. See Dkt. No. 114. 18 A pretrial order by a magistrate judge will be reversed only if it “is clearly erroneous or 19 contrary to law.” 28 U.S.C. § 636(b)(1)(A). The Court has carefully reviewed Judge Laporte’s 20 amended order, Defendant’s motion, and the relevant legal authorities. Judge Laporte’s amended 21 order is well-reasoned and thorough. The Court affirms the non-dispositive order because it is not 22 “clearly erroneous or contrary to law.” See Grimes v. City & Cty. of San Francisco, 951 F.2d 236, 23 240 (9th Cir. 1991). Accordingly, the Court DENIES Defendant’s motion for relief from Judge 24 Laporte’s non-dispositive pretrial order. 25 26 27 28 IT IS SO ORDERED. Dated: 2/5/2019 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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