The Regents of the University of California et al v. Affymetrix, Inc. et al

Filing 361

ORDER Granting Joint Motion for Determination of Discovery Dispute No. 8 (Doc. No. 352 ). the Court declines to find a subject matter waiver absent further order of the Court. Signed by Judge Marilyn L. Huff on 2/20/2019. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA; and BECTON,
DICKINSON and COMPANY,

Case No.: 17-cv-01394-H-NLS
ORDER GRANTING JOINT
MOTION FOR DETERMINATION
OF DISCOVERY DISPUTE NO. 8

Plaintiffs,

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v.

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AFFYMETRIX, INC.; and LIFE
TECHNOLOGIES CORP.,

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Defendants.

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[Doc. No. 352.]

On February 15, 2019, the parties filed a one-page joint motion for determination of
discovery dispute No. 8. (Doc. No. 352.) In the joint motion, Plaintiffs argue that certain
statements contained in Defendants’ expert report resulted in a subject matter waiver. (Id.)

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On February 20, 2019, the Court held a telephonic hearing on the matter. Donald

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Ware, Barbara Fiacco, and Jesse Hindman appeared for Plaintiffs. Doug Lumish appeared

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for Defendants. For the reasons discussed at the hearing, the Court declines to find a

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subject matter waiver absent further order of the Court.
IT IS SO ORDERED.

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DATED: February 20, 2019

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT
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17-cv-01394-H-NLS