XY, LLC v. Trans Ova Genetics, LC

Filing 260

ORDER granting 244 Trans Ovas Motion to File Reply, by Magistrate Judge Boyd N. Boland on 9/5/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-00876-WJM-BNB
XY, LLC,
Plaintiff/Counterclaim Defendant,
v.
TRANS OVA GENETICS, L.C.,
Defendant/Counterclaim Plaintiff,
v.
INGURAN, LLC,
Counterclaim Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Motion to Deem XY, LLC and Inguran, LLC’s Requests for Admission Nos.

5-11, 14, and 15 Admitted [Doc. # 223, filed 7/23/2014] (the “Motion to Deem Admitted”);
(2)

Trans Ova Genetics, L.C.’s Motion for Leave to Serve Additional Request

for Production [Doc. # 225, filed 7/24/2014] (the “Motion to Serve Additional Discovery”); and
(3)

Trans Ova’s Motion to File Reply [Doc. # 244, filed 8/22/2014] (the “Motion to

Reply”).
I held a hearing on the motions this afternoon and made rulings on the record, which are
incorporated here.

IT IS ORDERED:
(1)

The Motion to Deem Admitted [Doc. # 223] is GRANTED IN PART and

DENIED IN PART as follows:
•GRANTED with respect to Request for Admission Nos. 14 and 15, and those
requests are deemed admitted; and
• DENIED in all other respects.
(2)

The Motion to Serve Additional Discovery [Doc. # 225] is GRANTED. Trans

Ova may review the copies of the transcripts of the depositions of Gustavo Toro, Thom Gilligan,
Maurice Rosenstein, Sheau Min See, Evan Gedminas, and Juan Moreno taken in the case XY,
LLC v. Matthias J.G. Ottenberg, Case No. 11-cv-02920-RBJ (D. Colo.), which are in the
possession, custody, and control of its attorneys as if those transcripts were produced to it by XY
and Inguran. The review shall be conducted subject to the Protective Order [Doc. # 82]
previously entered in this case, and the transcripts shall be treated initially as having been
designated as Attorneys’ Eyes Only. On or before October 6, 2014, Trans Ova shall provide to
counsel for XY and Inguran a designation of the deposition testimony it may use at trial to show
inconsistent testimony or for impeachment. Within a reasonable time thereafter, the parties shall
confer about any further protections, including redaction, which may be necessary, or about
reducing the level of protection afforded to the transcripts. Trans Ova’s access to the deposition
transcripts is for identifying inconsistent testimony or impeachment only, and shall not be used
for any other purpose including, particularly, supplementing expert opinions.
(3)

The Motion to Reply [Doc. # 244] is GRANTED, and the Clerk of the Court is

directed to accept for filing Trans Ova’s Reply [Doc. # 244-1].

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Dated September 5, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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