HERAEUS KULZER GMBH

Filing 83

ORDER THAT PETITIONER'S MOTION FOR LEAVE TO TAKE DEPOSITION AND FOR REMOVAL OF REDACTIONS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/2/11. 8/3/11 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 to Take Discovery :
No. 09-MC-0017
of Respondent Esschem, Inc.,
:
For Use in Foreign Proceedings
:
Pursuant to 28 U.S.C. § 1782
:
____________________________________:
ORDER
AND NOW, this 2nd day of August, 2011, upon review of Petitioner’s Motion for
Leave to take Deposition and for Removal of Redactions [Doc. No. 41] and all subsequent briefing18
and after an oral argument held on July 21, 2011, and for the reasons set forth in the attached
Memorandum Opinion, it is hereby ORDERED that the Petitioner’s Motion is GRANTED in part
and DENIED in part. The Motion is GRANTED as to Petitioner’s request to take a Rule 30(b)(6)
Deposition for the purpose of providing context and a narrative to explain what transpired between
Esschem and Biomet where there are gaps in the produced correspondence between the parties. This
deposition will be limited to seven hours. The Motion is GRANTED as to Petitioner’s request for
a complete set of Esschem’s Certificates of Analysis for the copolymers at issue in the German
Action. The Motion is DENIED as to Petitioner’s request for removal of redactions from produced
documents.
It is so ORDERED.
BY THE COURT:

_______________________
CYNTHIA M. RUFE, J.

18

Including Doc. Nos. 46, 49, 52, 59, 61, 69, 70 and 73.