Medimmune, LLC v. PDL Biopharma, Inc.

Filing 728

STIPULATION AND ORDER 725 APPOINTING SPECIAL MASTER MARTIN QUINN. Signed by Judge JEREMY FOGEL on 8/9/2010. (jflc1, COURT STAFF) (Filed on 8/9/2010)

Medimmune, LLC v. PDL Biopharma, Inc.

Doc. 728

**E-Filed 8/9/2010**

1 GERSON A. ZWEIFACH (admitted pro hac vice) PAUL B. GAFFNEY (admitted pro hac vice) 2 DAVID I. BERL (No. 211761) JESSAMYN S. BERNIKER (admitted pro hac vice) 3 THOMAS S. FLETCHER (No. 262693) WILLIAMS & CONNOLLY LLP 4 725 Twelfth Street, NW Washington, DC 20005-5901 5 Telephone: [phone] Facsimile: [phone] 6 7 JEFFREY E. FAUCETTE (No. 193066) 8 TAYLOR & COMPANY LAW OFFICES, LLP One Ferry Building, Suite 355 9 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] 11 12 ELLIOT M. OLSTEIN (admitted pro hac vice) CARELLA, BYRNE, CECCHI, OLSTEIN, 13 BRODY & AGNELLO, P.C. Five Becker Farm Road 14 Roseland, NJ 07068-1739 Telephone: [phone] Facsimile: [phone] 16 Attorneys for Plaintiff, 17 MEDIMMUNE, LLC 18 19 20 21 22 MEDIMMUNE, LLC, 23 24 v. 25 PDL BIOPHARMA, INC., 26 27 28
STIP. AND -------------- ORDER APPOINTING [PROPOSED] SPECIAL MASTER MARTIN QUINN US_ACTIVE:\43468634\01\67073.0005

MATTHEW D. POWERS (Bar No. 104795) VERNON M. WINTERS (Bar No. 130128) GREGORY D. HULL (Bar No. 57367) AARON Y. HUANG (Bar No. 261903) WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] DAVID I. GINDLER (Bar No. 117824) JASON G. SHEASBY (Bar No. 205455 RAYMOND LAMAGNA (Bar No. 244821) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 Telephone: [phone] Facsimile: [phone] Additional Counsel Listed After Signature Page Attorneys for Defendant, PDL BIOPHARMA, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. CV 08 5590 JF Action Filed: December 16, 2008 ___________ STIPULATION AND [PROPOSED] ORDER APPOINTING SPECIAL MASTER MARTIN QUINN

Plaintiff,

Defendant.

CASE NO. CV-08-5590 (JF)

Dockets.Justia.com

1

Pursuant to Federal Rule of Civil Procedure 53, and with the consent of the plaintiff and

2 counterclaim defendant, MedImmune, LLC ("MedImmune"), and the defendant and counterclaim 3 plaintiff, PDL BioPharma, Inc. ("PDL"), the Court hereby appoints Martin Quinn, Esq. as Special 4 Master to assist the Court with discovery in this litigation (hereinafter "Special Master"). 5 The Special Master is hereby appointed pursuant to Rule 53(a)(1) to perform duties

6 consented to by the parties (Rule 53(a)(1)(A)), and to address pretrial discovery matters that 7 cannot be addressed effectively and timely by an available district judge or magistrate judge of the 8 district (Rule 53(a)(1)(C)). 9 Pursuant to Rule 53(a)(2) and 53(b)(3), the Special Master shall promptly file an affidavit

10 with this Court stating that, if true, he has no relationship to the parties, counsel, action, or Court 11 that would require disqualification of a judge under 28 U.S.C. section 455. During the course of 12 these proceedings, the Special Master and the parties shall notify this Court immediately if they 13 become aware of any potential grounds that would require disqualification. 14 Pursuant to Rule 53(a)(3), the Court has considered the fairness of imposing the likely

15 expenses of the Special Master on the parties. The Court believes that the appointment and use of 16 the Special Master will materially advance the litigation, thereby achieving considerable cost17 saving to all parties. Moreover, the Court notes that the parties have consented to the Special 18 Master's appointment and have agreed to pay the compensation ordered herein. The Court will 19 protect against unreasonable expenses and delay through regular communication with the Special 20 Master. 21 Pursuant to Rule 53(b)(1) the Court gave all parties to the proceedings notice of its intent

22 to appoint the Special Master and an opportunity to be heard with respect to such appointment 23 before issuing this Order. 24 Pursuant to Rule 53(b)(2), the Court hereby directs the Special Master to proceed with all

25 reasonable diligence in performing his duties. 26 Pursuant to Rule 53(b)(2)(A), the Special Master shall assist the Court with management

27 of discovery pursuant to the Federal Rules of Civil Procedure, and in particular Rule 26 and with 28 adjudication of all discovery motions and disputes between the parties in this matter pursuant to 1
STIP. AND [PROPOSED] ORDER APPOINTING SPECIAL MASTER MARTIN QUINN US_ACTIVE:\43468634\01\67073.0005 CASE NO. CV-08-5590 (JF)

1 Rules 37 or 45. All currently pending discovery motions and disputes between the parties are 2 hereby referred to the Special Master pursuant to this Order. 3 4 The Special Master shall have the authority provided in Rule 53(c) and 53(d). The procedural requirements contained in this Court's Local Rules and/or Pretrial Orders

5 shall govern any motion practice before the Special Master subject to the Special Master's 6 discretion to adopt reasonable alternative procedural requirements with notice to the parties 7 thereof. 8 Pursuant to Rule 53(b)(2)(B), the Special Master may communicate ex parte with the

9 Court at any time. The Special Master shall not communicate ex parte with any party, third party 10 witness, or counsel for any party or third party. 11 Pursuant to Rule 53(b)(2)(C), the Special Master shall maintain orderly files consisting of

12 all documents submitted to him by the parties and any of his written orders, findings, and/or 13 recommendations. Pursuant to Rule 53(e), the Special Master shall file any written orders, 14 findings, and/or recommendations with the Court via the Court's Electronic Case Filing ("ECF"). 15 Such filing shall fulfill the Special Master's duty to serve his order on the parties. 16 Pursuant to Rule 53(b)(2)(E) and 53(g), the Special Master shall be compensated at an

17 hourly rate of $600.00 for his services pursuant to this Order. The Special Master shall not charge 18 for travel time. The Special Master shall prepare a monthly invoice for his services, which he shall 19 provide to counsel for the parties. MedImmune and PDL shall each be responsible for paying one20 half of the Special Master's invoice; such invoices shall be paid promptly. 21 22 Court. 23 Pursuant to Rule 53(b)(2)(D) and 53(f), the following procedures shall govern any action Pursuant to Rule 53(f), the Special Master shall report to the Court as directed by the

24 on the Special Master's orders, reports, and/or recommendations: Any party wishing to file 25 objections to or a motion to adopt or modify the Special Master's orders, reports, and/or 26 recommendations must file such objections or motion with the Court within seven (7) days from 27 the day the Special Master filed the order, report, and/or recommendation via ECF. Any Order 28 issued by the Special Master shall remain in effect pending any such objection or motion, unless 2
STIP. AND [PROPOSED] ORDER APPOINTING SPECIAL MASTER MARTIN QUINN US_ACTIVE:\43468634\01\67073.0005 CASE NO. CV-08-5590 (JF)

1 the Special Master holds otherwise. A party may, however, move to stay the Special Master's 2 order pending review by the Court. The party filing the objection or motion shall submit with 3 such objection or motion any record necessary for the Court to review the Special Master's order, 4 report, and/or recommendation, including any transcripts of proceedings before the Special Master 5 and any documents submitted by the parties in connection with the Special Master's order, report, 6 and/or recommendation. Failure to provide the record shall constitute grounds for the Court to 7 overrule the objection or deny the motion. No such objection or motion may be filed by any party 8 after seven (7) days from the day the Special Master filed the order, report, and/or 9 recommendation via ECF. Pursuant to the parties' stipulation, the Court shall review findings of 10 fact made or recommended by the Special Master for clear error. The Court shall review de novo 11 any conclusions of law made or recommended by the Special Master. The Court will set aside the 12 Special Master's ruling on a procedural matter only for an abuse of discretion. 13 Pursuant to Rule 53(f)(1), in acting on an order, report, or recommendations of the Special

14 Master, the Court shall afford each party an opportunity to be heard and, in its discretion, may 15 receive evidence, and may adopt or affirm; modify; wholly or partly reject or reverse; 16 resubmit to the Special Master with instructions; or make any further orders it deems appropriate. 17 IT IS SO STIPULATED. WILLIAMS & CONNOLLY LLP /s/ Jessamyn S. Berniker GERSON A. ZWEIFACH PAUL B. GAFFNEY DAVID I. BERL JESSAMYN S. BERNIKER THOMAS S. FLETCHER Attorneys for Plaintiff MEDIMMUNE, LLC DATED: August 6, 2010. WEIL, GOTSHAL & MANGES LLP /s/ Vernon M. Winters MATTHEW D. POWERS VERNON M. WINTERS GREGORY D. HULL PETER SANDEL REBECCA FETT 3
STIP. AND [PROPOSED] ORDER APPOINTING SPECIAL MASTER MARTIN QUINN US_ACTIVE:\43468634\01\67073.0005 CASE NO. CV-08-5590 (JF)

18 DATED: August 6, 2010. 19 20 21 22 23 24 25 26 27 28

1 2 3 4 5 6 7 8 9 10 11 Additional Counsel: 12 T. RAY GUY (admitted pro hac vice) [e-mail] 13 WEIL, GOTSHAL & MANGES LLP 200 Crescent Court, Suite 300 14 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] 16 PETER SANDEL (admitted pro hac vice) [e-mail] 17 REBECCA FETT (admitted pro hac vice) [e-mail] 18 WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue 19 New York, NY 10153 Telephone: [phone] Facsimile: [phone] 21 P. CHRISTINE DERUELLE (pro hac vice) [e-mail] 22 WEIL, GOTSHAL & MANGES LLP 1395 Brickell Avenue, Suite 1200 23 Miami, FL 33131 Telephone: [phone] Facsimile: [phone] 25 Attorneys for Defendant, PDL BioPharma, Inc. 26 Ag 27 28
STIP. AND [PROPOSED] ORDER APPOINTING SPECIAL MASTER MARTIN QUINN US_ACTIVE:\43468634\01\67073.0005

AARON Y. HUANG Attorneys for Defendant PDL BIOPHARMA, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED. August 9 DATED: ______________, 2010. THE HONORABLE JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE

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CASE NO. CV-08-5590 (JF)