Medimmune, LLC v. PDL Biopharma, Inc.

Filing 356

ORDER by Magistrate Judge Howard R. Lloyd denying 348 Motion for an Order Shortening Time. Hearing re 311 , 334 , 338 set for 3/16/2010, 10:00 AM. Briefing to proceed in accordance with normal 35-day calendar under the court's Civil Local Rules. (hrllc2, COURT STAFF) (Filed on 2/10/2010)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MEDIMMUNE, LLC, Plaintiff, v. PDL BIOPHARMA, Defendant. / No. C08-05590 JF (HRL) ORDER DENYING DEFENDANT'S MOTION FOR AN ORDER SHORTENING TIME [Re: Docket No. 348] *E-FILED 02-10-2010*

United States District Court

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For the Northern District of California

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Defendant PDL Biopharma, Inc. ("PDL") moves for an order shortening time for briefing and hearing on (a) its motion to amend its Patent L.R. 3-1 disclosures (Docket #334); (b) its motion to compel discovery from plaintiff MedImmune, LLC ("MedImmune") (Docket #338), and (c) MedImmune's motion for protective order (Docket #311). PDL asserts that an expedited briefing and hearing schedule are necessary because the discovery at issue is critical to expert reports due February 16, 2010 and rebuttal expert reports due March 2, 2010. This court does not find good cause for an order shortening time. The record presented indicates that PDL is now moving to compel discovery that was served nearly one year ago, as well as discovery that was not served until shortly before the fact discovery cutoff. Expert disclosure deadlines were set months ago. If PDL felt this discovery was critical to its case, it surely would not have waited until near the close of the discovery period to request it -- or until after the fact discovery cutoff to move to compel it. Moreover, even under PDL's proposed

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expedited schedule, the parties' expert reports would be due before these motions could be fully briefed and heard. Accordingly, the motion for an order shortening time is denied. The parties' respective discovery motions will be heard on March 16, 2010, 10:00 a.m. Briefing shall proceed in accordance with a normal 35-day calendar under the court's Civil Local Rules. SO ORDERED. Dated: February 10, 2010 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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5:08-cv-05590-JF Notice electronically mailed to: Aaron P. Maurer [e-mail] Aaron Y Huang [e-mail] Dana K Powers [e-mail] David Isaac Berl [e-mail] David Isaac Gindler [e-mail], [e-mail] Gerson Avery Zweifach [e-mail] Jeffrey E. Faucette [e-mail], [e-mail], [e-mail], [e-mail] Jessamyn Sheli Berniker [e-mail] Paul B. Gaffney [e-mail] Raymond Angelo LaMagna [e-mail] Vernon Michael Winters [e-mail], [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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