Ideus v. Teva Pharmaceuticals USA, Inc. et al

Filing 54

MEMORANDUM AND ORDER denying 40 MOTION to compel defendants' response to request for production without prejudice to re-filing, if appropriate, after Judge Gerrard rules on defendant's motion for judgment on the pleadings. The parties' motions to file supplemental briefs 52 53 are denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEPHANIE IDEUS,
Plaintiff,

4:16CV3086

vs.
MEMORANDUM AND ORDER
TEVA PHARMACEUTICALS USA,
INC., TEVA BRANDED
PHARMACEUTICALS PRODUCTS
R&D, INC., and TEVA WOMEN'S
HEALTH, INC.,
Defendants.
The court’s order was written on Plaintiff’s motion to compel Defendants’
response to Request for Production 36,1 (Filing No. 40), but before the court filed
the order, Defendant filed a motion for leave to file supplemental briefing, (Filing
No. 52), and Plaintiff filed motion and brief opposing Defendant’s supplemental
briefing (Filing No. 53).
After reviewing the supplemental briefing, the court is convinced that
neither the court nor the parties can assess the proportionality of Plaintiff’s
requested discovery until Judge Gerrard rules on Defendants’ motion for
judgment on the pleadings, (Filing No. 45). Simply stated, Plaintiff’s motion to
compel is premature.
Accordingly,

1

The parties’ discussed both Request 36 and 38 during their pre-motion
discovery conference with the court. However, they resolved their dispute over
Request 38 after that hearing. (Filing No. 42 at CM/ECF p. 13; 47 at CM/ECF p.
2 n. 2).

IT IS ORDERED:

1)

Plaintiff’s motion to compel production of “all documents that

concern any Complaint Investigation Process regarding [complaints concerning
breakage and embedment issues for those who received] the ParaGard T-380 A
Copper IUD [from November 9, 2005 to present],” (Filing No. 40), is denied
without prejudice to re-filing, if appropriate, after Judge Gerrard rules on
Defendant’s motion for judgment on the pleadings.

2)

The parties’ motions to file supplemental briefs, (Filing Nos. 52 and

53), are denied as moot.

August 2, 2017..

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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