Exeltis USA Inc. v. First Databank, Inc.

Filing 200

ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. 196 administrative motion to continue the November 7 hearing to February 2020. (hsglc1S, COURT STAFF) (Filed on 11/1/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EXELTIS USA INC.,
Plaintiff,

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v.

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FIRST DATABANK, INC.,

ORDER DENYING ADMINISTRATIVE
MOTION AND CONTINUING
HEARING
Re: Dkt. No. 196

Defendant.

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United States District Court
Northern District of California

Case No. 17-cv-04810-HSG

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Pending before the Court is Plaintiff Exeltis USA Inc.’s administrative motion to continue

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the hearing on November 7, 2019, to February 27, 2020. See Dkt. No. 196. Defendant’s motion

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for summary judgment, see Dkt. No. 168, as well as several motions to exclude expert reports, see

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Dkt. Nos. 169, 170, 190, are all set to be heard on November 7. Plaintiff reasons that there is good

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cause to delay the hearing on these motions because on October 14, 2019, Defendant First

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Databank, Inc. implemented a coding change to most of Plaintiff’s prescription prenatal vitamins

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in Defendant’s database. See id. at 1–2. Plaintiff suggests that delaying the hearing will allow the

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parties “to obtain evidence on th[e] key issue of causation” regarding whether the coding change

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actually leads to denials in coverage. See id. at 2–4. Defendant opposes this motion. See Dkt.

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No. 198.

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The Court finds that Plaintiff has not established good cause to continue the hearing date to

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February. There is neither a pending motion pursuant to Federal Rule of Civil Procedure 56(d)

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nor a motion to reopen discovery, which closed in June 2019.

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Based on the Court’s calendar, the motions previously scheduled for November 7, 2019,
are CONTINUED to Wednesday, December 18, 2019, at 2:00 p.m.
IT IS SO ORDERED.
Dated: November 1, 2019
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HAY OOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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