Jeffrey Myers et al v. Bristol-Myers Sqibb, Co. et al

Filing 31

ORDER denying 1 Motion to Quash. As discussed in the Court's oral decision on December 19, 2022, the motion to quash in the above-captioned matter is DENIED. The subject subpoena is modified according to the Court's oral decision. Th e parties are ORDERED to meet and confer regarding a reasonable schedule to take Movant's deposition. At a minimum, Movant should be allowed 15 business days to prepare for his deposition. Further, Dana Farber is ORDERED to refrain from asking questions or otherwise eliciting testimony about Movant's and Pfizer's privileged, internal communications about the Inventorship Litigation and the Settlement Agreement. This includes information about documents that were the subject o f Dana Farber's failed motion to compel in the Massachusetts Action. Dana Farber may only ask questions or otherwise elicit testimony about Movant's oral communications about settlement negotiations with BMS and other defendants in the I nventorship Litigation. To the extent that Dana Farber needs to authenticate documents through this deposition, Dana Farber may also do so. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 12/19/2022) (rro)

Case 1:22-mc-00198-KPF Document 31 Filed 12/19/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
22 Misc. 198 (KPF)

In re:
JEFFREY MYERS, AN EMPLOYEE OF PFIZER INC.

ORDER

KATHERINE POLK FAILLA, District Judge:
As discussed in the Court’s oral decision on December 19, 2022, the
motion to quash in the above-captioned matter is DENIED. The subject
subpoena is modified according to the Court’s oral decision. The parties are
ORDERED to meet and confer regarding a reasonable schedule to take
Movant’s deposition. At a minimum, Movant should be allowed 15 business
days to prepare for his deposition. Further, Dana Farber is ORDERED to
refrain from asking questions or otherwise eliciting testimony about Movant’s
and Pfizer’s privileged, internal communications about the Inventorship
Litigation and the Settlement Agreement. This includes information about
documents that were the subject of Dana Farber’s failed motion to compel in
the Massachusetts Action. Dana Farber may only ask questions or otherwise
elicit testimony about Movant’s oral communications about settlement
negotiations with BMS and other defendants in the Inventorship Litigation. To
the extent that Dana Farber needs to authenticate documents through this
deposition, Dana Farber may also do so.
The Clerk of Court is directed to terminate all pending motions, adjourn
all remaining dates, and close this case.

Case 1:22-mc-00198-KPF Document 31 Filed 12/19/22 Page 2 of 2

SO ORDERED.
Dated: December 19, 2022
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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