No. C 01-3202 CRB(MEJ)
United States District Court, N.D. California
January 04, 2005
Order; January 06, 2005
Christopher B. Hockett, Bingham McCutchen LLP, Michael J. Shuster, McCutchen Doyle Brown & Enersen, LLP, San Francisco, Mary T. Huser, Thomas E. Kuhnle, Adrienne L. Taclas, Mary A. Fuller, Susan Vastano Vaughan, Bingham McCutchen LLP, Steven R. Rafalovich, McCutchen Doyle Brown Enersen LLP, East Palo Alto, S. Christian Platt, Paul, Hastings, Janofsky & Walker LLP, San Diego, CA, for Plaintiff.
Tony L. Richardson, Kirkland & Ellis, Los Angeles, CA, Bradford E. Biegon, Daniel F. Attridge, Edward C. Donovan, Gregory Corbett, James F. Basile, John Thomas Battaglia, Justin P.D. Wilcox, Laura R. Bach, Kirkland & Ellis, Washington, DC, for Defendant.
ORDER RE: DEFENDANT'S REQUEST FOR FURTHER PRODUCTION OF DOCUMENTS
*1 On December 28, 2004, the parties filed a joint discovery dispute letter in which defendant B.Braun Medical Inc. (“Braun”) seeks an order requiring ICU to conduct an adequate search for documents in response to Braun's production requests and to produce all non-privileged documents and things immediately. Upon review of the parties' letter, the Court hereby ORDERS as follows:
1) To the extent not already completed, Plaintiff ICU Medical, Inc. (“ICU”) shall search all computerized files, e-mails, voice mails, work files, desk files, calendars and diaries, and any other locations and sources if materials of the type to be produced might plausibly be expected to be found there. Said search shall be completed no later than January 25, 2005;
2) No later than February 1, 2005, ICU shall produce all non-privileged documents in response to Braun's request. At the time of production, ICU shall provide a written list to Braun setting forth each specific source and location searched in response to this Order, as well as the persons conducting the search and their areas of search responsibility. ICU shall also provide a list describing the specific source for each produced item as well as for each item withheld on a ground of privilege; and
3) At the time of production, ICU shall also produce a declaration attesting under penalty of perjury that (a) all locations and sources that might plausibly contain materials of the type to be produced have been searched, either prior to or in response to this Order, and (b) all non-privileged documents have been produced.
ORDER CLARIFYING JANUARY 4, 2005 ORDER RE: DEFENDANT'S REQUEST FOR FURTHER PRODUCTION OF DOCUMENTS
On January 4, 2005, the Court ordered ICU to conduct a supplemental search for materials, produce any responsive materials found, and report on these efforts in a sworn declaration. ICU now seeks to clarify that the search will be subject to the general and specific objections submitted by ICU in its responses. The Court herein clarifies that the January 4 Order is not subject to ICU's objections. While the Order does not require production of documents that are privileged, already subject to a Court order, and/or contrary to written agreements between the parties, the January 4 Order does require production despite ICU's objections.
End of Document.