HERAEUS KULZER GMBH

Filing 28

ORDER THAT THE MOTION TO QUASH OF RESPONDENT ESSCHEM IS GRANTED, AND THE ORDER OF THIS COURT AUTHORIZING HERAEUS TO TAKE DISCOVERY IN THIS DISTRICT PURSUANT TO 28 U.S.C. &1782 IS VACATED WITHOUT PREJUDICE TO HERAEUS ABILITY TO RE-FILE IN THE FUTURE. THE CLERK OF COURT IS DIRECTED TO CLOSED THIS CASE; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/11/09. 9/14/09 ENTERED AND COPIES MAILED, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : In re HERAEUS KULZER GMBH, : Petitioner, For an Order Pursuant to : 28 U.S.C. § 1782 to Take Discovery, : NO. 09-MC-00017 Pursuant to the Federal Rules of Civil : Procedure, of Respondent Esschem, Inc., : For Use in Foreign Proceedings : ____________________________________: ORDER AND NOW, this 11th day of September, 2009, upon consideration of the Order of this Court authorizing Heraeus Kulzer GmbH ("Heraeus") to take discovery in this district pursuant to 28 U.S.C. § 1782 [Doc. No. 3], the Motion to Quash of Respondent Esschem, Inc. [Doc. No. 5], Heraeus's Response [Doc. No. 7], and all replies thereto, as well as the oral argument held thereon on August 17, 2009, it is hereby ORDERED that the Motion is GRANTED, and the Order of this Court authorizing Heraeus to take discovery in this district pursuant to 28 U.S.C. § 1782 is VACATED without prejudice to Heraeus's ability to re-file in the future. The Clerk of Court is directed to CLOSE this case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _______________________ CYNTHIA M. RUFE, J.