On October 24, 2013 a Order was filed involving a dispute between Copernicus Dynamics, Lp, Fleming, Norman C., Geisler, Fred, Roes 1-25, Inclusive, Zischke, Gena, Tedan Surgical Innovations, Llc, A Texas Limited Liability Company, and 3Cor, Inc, A California Corporation, 3Cor Medical, Inc., Azucena, Kimberly, Bass, Daniel, Does 1 To 25, Does 2 To 25, Fishman, Daniel, Glynn, Robert John, Jr, Industry Of The Redwoods, Llc, A Nevada Llc, Johnston, Terry, Magnolia Group, Llp, Mier, Rowena, Rhausler, Inc., Rhausler, Inc., A California Corporation, Sims, Katie, Certified Public Acc, Tedan Surgical Innovations, Llc, A Texas Limited Liability Company, for Complex Civil Unlimited in the District Court of San Mateo County.
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FILED SAN MATEO COUNTY M ‘ “ JAN 2019 Clerk S e amoum Bycwpé‘ D V, u LE _ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO COMPLEX CIVIL LITIGATION FRED H. ' GEISLER M.D., Ph.D, an individual, NORMAN C. FLEMING, an Case No. 17CIV02888. individual, and GENA ZISCHKE, an DERIVATIVE and INDIVIDUAL individual, directly and derivatively on ACTION behalf of RHAUSLER, ENC, a . California Corporation, Assigned for all purposes to Dept. 2 Hon. Marie S. Weiner Plaintiffs, CASE MANAGEMENT ORDER #9‘ vs. TERRY 'J. JOHNSTON, et a1., \ Defendants. - and _ RHAUSLER, INC., Nominal Defenda'nt. The Court is in receipt of discovery letter e-correspondence from Plaintiff s counsel and Tedan’s counsel. II Is HEREBY ORDERED as follows: (gv—cw—ozesa M0 Case Management Order FTI‘i‘mmummmmmu 1 __ 1. The Discovery Conference set for January 15, 2019 isCONTINUED and , is now set for Thursday, February 21, 2019 at 2:00 p.m. in Department 2 of this Court, to discuss ALL outstanding discovery disputes. Counsel for the parties shall submit directly to Department 2, and serve upon counsel for ail parties, a short letter brief (not filed) on outstanding issues, afler meet and cénfer, with supporting information for the Court (or reference to documents alfeady filed), on or Before February 14, 2019. If there are no discovery disputes, counsel should so notify the Court and the Discovery Conference Will be taken off calendar. '2. 4 The Court agrees with counsel for Tedan that Plaintiff has failed to promptly engage in substantive meet and confer regarding Plaintiff s objections (if any) to Tedan’s written response and production of documents in response to Plaintiff s first set ofrequests for production of documents t0 Tedan (propounded July 201 8). Accordingly, on or before January 23, 2019, Plaintiff shall provide a written meet and confer letter specifically identifying Plaintiff sobj ections and concerns regarding Tedan’s fesponse and production, including but not limited to specific identification of any allegedly @ssing responsive documents. This should give sufficient time for substantive meet and confer between those parties on this discovery dispute, which initialmeet rand confer substantive response fiom Tedan shall be no later than February 1, 2019. This should give sufficient time to engage in ahd conclude meet and confer efforts regarding . any such discovery disputes. FAILURE 'TO COMPLY WILL BE DEEMED A FOREFEITURE BY PLAINTIFF TO BRING ANY MOTION TO COMfEL AS TO THIS DISCOVERY REQUEST AGAINST TEDAN. LACK OF SPECIFICITY AS TKO OBJECTIONS AND CONCERNS BY PLAINTIFF WILL ALSO BE DEEMED A FOREFEITURE TO RAISE AFTER JANUARY 23, 2019. A11 remaining discovery 2 ‘ disputes DATED: on these requests January for production Conferencegas set forth in Paragraph 10, 2019 r 1 above. W must be presented HON. MARIE s. at the next Discovery WEINER JUDGE 0F THE SUPERIOR COURT