Sensiva Health, LLC v. Universal Meditech, Inc. et al

Filing 168

Minute Order for Proceedings held before Magistrate Judge Michael North: ORDERED that UMI supplement its responses to Plaintiffs' interrogatories and requests for production, as set forth in document. FURTHER ORDERED that Plaintiffs will be permitted to re-depose UMI's witnesses during the now-extended discovery period for the limited purpose of addressing any supplemental productions/responses made after the date of the hearing. FURTHER ORDERED that any such supplemental producti ons/responses/information may not be used by any Defendant to counter any dispositive or other motions filed by Plaintiffs on or before the September 28, 2022 motions deadline. FURTHER ORDERED that Sensiva may reserve its right to seek leave to file an out-of-time motion for adverse inferences, as set forth herein. While Defendants may oppose any motion for an adverse inference, they may not oppose Sensiva's motion for leave to file such a motion out of time. FURTHER ORDERED that the work -related computers, email systems, and the platforms, such as Baidu and What's App, used by Zhaoyan (Yan) Wang and Zhaolin Wang who were recently deposed, be searched according to the ESI protocol currently in place, as set forth in document. T his shall be completed no later than two (2) weeks from the date of this Minute Entry, and the results must be produced to Plaintiffs no later than two (2) weeks from Friday, September 30, 2022. FURTHER ORDERED that 150 Motion for Violation of the Court's Discovery Order, the 159 Second Motion for Sanctions due to Defendant UMI's Second Violation of a Discovery Order, the 160 motion to expedite, and the 161 Motion for Attorney Fees are DISMISSED AS MOOT. Signed by Magistrate Judge Michael North.(Court Reporter Jodi Simcox.) (jls)

Case 2:21-cv-00598-GGG-MBN Document 168 Filed 09/28/22 Page 1 of 6

MINUTE ENTRY
NORTH, M.J.
SEPTEMBER 28, 2022
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SENSIVA HEALTH, L.L.C.

CIVIL ACTION

VERSUS

NUMBER: 21-598

UNIVERSAL MEDITECH, INC., ET AL.

SECTION: “T” (5)

On September 28, 2022, this Court held an oral hearing the Motion for Violation of

the Court’s Discovery Order (Rec. doc. 150), the Second Motion for Sanctions due to
Defendant UMI’s Second Violation of a Discovery Order (Rec. doc. 159), a motion to

expedite (Rec. doc. 160), and the Motion for Attorney Fees. (Rec. doc. 161). UMI has filed

oppositions to the two motions for contempt. (Rec. docs. 158, 163). Present at the hearing
were Tarak Anada and Lauren Mastio on behalf of Plaintiffs and Raymond Lewis on behalf
of Defendants. For the reasons stated on the record,

IT IS ORDERED that UMI supplement its responses to Plaintiffs’ interrogatories

and requests for production.

IT IS FURTHER ORDERED that Plaintiffs will be permitted to re-depose UMI’s

witnesses during the now-extended discovery period for the limited purpose of addressing
any supplemental productions/responses made after the date of the hearing.
IT

IS

FURTHER

ORDERED

that

any

such

supplemental

productions/responses/information may not be used by any Defendant to counter any

dispositive or other motions filed by Plaintiffs on or before the September 28, 2022
motions deadline.
MJSTAR: 00:32

Case 2:21-cv-00598-GGG-MBN Document 168 Filed 09/28/22 Page 2 of 6

IT IS FURTHER ORDERED that Sensiva may reserve its right to seek leave to file an

out-of-time motion for adverse inferences regarding any discovery requests to which UMI
never responded and that would support Sensiva’s claims and defenses, such as Sensiva’s

discovery requests for UMI’s Quality Control Procedure Documentation. While Defendants

may oppose any motion for an adverse inference, they may not oppose Sensiva’s motion for
leave to file such a motion out of time.

IT IS FURTHER ORDERED that the work-related computers, email systems, and the

platforms, such as Baidu and What’s App, used by Zhaoyan (Yan) Wang and Zhaolin Wang
who were recently deposed, be searched according to the ESI protocol currently in place

(as outlined in Defendants’ email to this Court dated September 29, 2022) and that the

terms “Aide Biopharmaceuticals” and “Guangdi Packaging Material Company” be added to

the list of search terms to be used in the ESI protocol. 1 This shall be completed no later
than two (2) weeks from the date of this Minute Entry, and the results must be produced to
Plaintiffs no later than two (2) weeks from Friday, September 30, 2022.

IT IS FURTHER ORDERED that Motion for Violation of the Court’s Discovery Order

(Rec. doc. 150), the Second Motion for Sanctions due to Defendant UMI’s Second Violation
of a Discovery Order (Rec. doc. 159), the motion to expedite (Rec. doc. 160), and the Motion
for Attorney Fees (Rec. doc. 161) are DISMISSED AS MOOT.

____________________________________________________
MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

The entire list of search terms is listed in the correspondence sent to the Court September 29, 2022,
which is attached to this Minute Entry.

1

Case 2:21-cv-00598-GGG-MBN Document 168 Filed 09/28/22 Page 3 of 6

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SENSIVA HEALTH, LLC

* CIVIL ACTION NO. 21-00598
*
V.
* JUDGE GREG GERARD GUIDRY
*
UNIVERSAL MEDITECH, INC
* MAGISTRATE JUDGE MICHAEL NORTH
And KAREKIN KHATCHADOORIAN
*
*************************************
ESI Plan After September 28, 2022 Hearing with Magistrate Judge
Defendant, Universal Meditech, Inc. (“UMI”), submits the following ESI Plan to the Court
after the instructions from the Court during the September 28, 2022 hearing. The ESI Plan has
been developed with input and comment from Plaintiff, Sensiva Health, LLC.
The ESI Plan is as follows:
A. Collection:
1. Sources: work-related computers; email correspondence for addresses issued by
the company; and other communication platforms, such as Baidu and What’s
App.
2. Custodians: Zhaoyan (Yan) Wang; Zhaolin (Lin) Wang
3. Date Range: November 1, 2019 through March 25, 2021
B. Search Terms: [both English and Chinese Translations will be searched]
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Sensiva
Cormeum
Jolly
TJ
Tarun
Ben
Williamson
Donovan
Blakney
Jacob

English

Chinese Translation

Case 2:21-cv-00598-GGG-MBN Document 168 Filed 09/28/22 Page 4 of 6

11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.

Jake
Kurdys
Jeff
Johnston
Karekin
Khatchadoorian
Jesse
ZJB
KK
Development w/2 Agreement
SARS-Cov-2
SARS-Co-2
Antigen
Test kit
Testing kit
Lateral flow device
LFD
Instant and covid
Home test
Emergency use authorization
EUA
Laboratory developed test
LDT
PO-0128
Specification!
Bulk shipped
Vacuum sealed
Desiccant
Buffer
Positive control
Saliva
Swish and spit
Inspect!
Quality control
QC testing
QC evaluation
January 28, 2021
1/28/21 or 1/28/2021
March 4, 2021
3/4/21 or 3/4/2021
Letter agreement
React
Rapid and covid
Manufactur!
Package!
2

Case 2:21-cv-00598-GGG-MBN Document 168 Filed 09/28/22 Page 5 of 6

56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.

FDA
Food and drug administration
Covidscan
Cassette!
Covid-19
Strips
10640 Fountains Drive
Investor
Distribut!
Contained and sterile
Endotoxicity
VitaPros or Vita-Pros
Manufactured and America
Manufactured and USA
Manufactured and California
Manufactured and Fresno
Manufactured and China
Decheng
Wondfo
Hanson
Flimsy
Translucent
“poor quality”
Quality
Aide
Biopharmaceuticals
Guangdi
Chromatography
clam shell
Clamshell
Jiabei
Zhu
Guandi
Packaging
Respectfully submitted,

Certificate of Service
I certify this pleading has been
served by e-mail, by telefacsimile, or by
placing a copy of same in the United
States mail, postage prepaid and properly
addressed, this 29th day of September,
2022.

/s/ Raymond C. Lewis
Robert E. Kerrigan, Jr. (#07350)
[e-mail]
Raymond C. Lewis (#31236)
[e-mail]
Devin J. Barnett (#33001)
[e-mail]
3

Case 2:21-cv-00598-GGG-MBN Document 168 Filed 09/28/22 Page 6 of 6

/s/ Raymond C. Lewis
Raymond C. Lewis

Deutsch Kerrigan, L.L.P.
755 Magazine Street
New Orleans, LA 70130
Telephone: [phone]
Facsimile: 504-566-4077

4