Free Order on Ex Parte Application - District Court of California - California

Case 3:07-mc-80218-SI

Document 21

Filed 09/28/2007

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 28, 2007 SUSAN ILLSTON United States District Judge v. APOTEX, INC. AND APOTEX CORP., Defendants, Counterclaim-Plaintiffs. UNIGENE LABORATORIES, INC. AND UPSHER-SMITH LABORATORIES, INC., Plaintiffs, Counterclaim-Defendants No. C 07-80218 SI ORDER GRANTING MOTION TO EXPEDITE HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Before the Court is plaintiffs' motion to expedite the hearing on defendants' motion to quash a subpoena for the deposition of Dr. Lynn M. Terrebonne. The subpoena was issued pursuant to litigation between the parties in the United States District Court for the Southern District of New York. Plaintiffs wish to depose Dr. Terrebonne prior to the October 15, 2007, deadline imposed by the district court in New York for exchanging proposed meanings of claim terms. Plaintiffs contend that if this Court denies the motion to quash, the deposition of Dr. Terrebonne may lead to information that is relevant to the exchange of proposed meanings of claim terms. The Court hereby GRANTS plaintiffs' motion to expedite the hearing. The hearing shall take place on October 11, 2007, at 4:00 p.m. IT IS SO ORDERED.