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St. Jude Medical, Inc. v. Access Closure

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 24, 2010

ST. JUDE MEDICAL, INC., ET AL., PLAINTIFFS,
v.
ACCESS CLOSURE, INC., DEFENDANT.

ORDER AFTER HEARING OF THIRD-PARTY MOTION TO QUASH

This matter came before the court on September 24, 2010, for hearing on third-party Boston Scientific Corporation's motion to quash plaintiffs' subpoena for deposition. Attorneys Matthew M. Wolf and Yi-Ming Su appeared telephonically for moving party Boston Scientific Corporation. Attorneys Jonathan H. Steinberg and Jay Chung appeared telephonically for plaintiffs. No appearance was made on behalf of defendant Access Closure, Inc. Extensive argument was heard, and the fully briefed motion was taken under submission.

Upon careful consideration of all papers submitted in connection with the motion and all arguments heard, IT IS HEREBY ORDERED that third-party Boston Scientific Corporation's September 2, 2010 amended motion to quash deposition subpoena (Doc. No. 4) is granted and the subpoena propounded by plaintiffs to Boston Scientific Corporation is quashed without prejudice to the issuance of a new subpoena if plaintiffs obtain relief from the relevant deadlines contained in the Amended Docket Control Order filed August 6, 2010, in the underlying litigation in the United States District Court for the Western District of Arkansas.

20100924

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