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Timberlake v. Synthes Spine Co.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 1, 2008

CALVIN TIMBERLAKE AND KAREN TIMBERLAKE, PLAINTIFFS,
v.
SYNTHES SPINE COMPANY, L.P., DEFENDANT.

The opinion of the court was delivered by: Hon. Anthony J. Battaglia Magistrate Judge United States District Court

Order Granting Motions to Quash 08cv598 [Doc. Nos. 1 and 2] 08cv638 [Doc. No. 1]

The Defendant, Synthes, and third parties Raymond J. Linovitz, M.D., F.A.C.S. and Timothy A. Peppers, M.D., filed motions to quash Plaintiffs' third party subpoenas issued to Dr. Linovitz and Dr. Peppers. Plaintiffs' filed a notice of non-opposition and requested that the Court allow Plaintiffs' to reissue these subpoenas at a later date without prejudice. Upon review of the moving papers and subpoenas at issue, the Court finds that the issuance of these subpoenas was premature and therefore GRANTS the motions to quash without prejudice to Plaintiff's reissuing the subpoenas after other preliminary discovery matters have been addressed.

IT IS SO ORDERED.

20080501

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