Free Other Notice - District Court of Arizona - Arizona

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Stephen D. Hoffman, #13875 LEWIS BRISBOIS BISGAARD & SMITH LLP Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 Phoenix, Arizona 85012-2761 Telephone: (602) 385-1040 Facsimile: (602) 385-1051 Attorneys for World Nutrition

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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Marlyn Nutraceuticals, Inc., an Arizona corporation, Plaintiff, vs. Mucos Pharma GMbH & Co., a German Entity. Defendants,

No. CV07-0012 PHX-ROS RESPONSE AND OBJECTION TO DEFENDANT'S SUBPOENA (Assigned to The Honorable Roslyn O. Silver)

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Lewis, Brisbois, Bisgaard & Smith, LLP hereby submits its Objection and Response to Defendant's Subpoena delivered to Stephen D. Hoffman on July 31, 2007 (the "Subpoena"). I. Objection

Deponent is subject to that certain Protective Order Governing Production or Discovery of Confidential Information dated December 09, 2002 (hereinafter the "Protective Order"), in the case of Marlyn Nutraceuticals, Inc. v. Wong, et al., pending in the United States District Court for the District of Arizona, Case No. CV 02-1876 PHXHRH (hereinafter the "World Nutrition Matter"). For the Court and Parties' convenience, a copy of that Protective Order is attached hereto as Exhibit "A". The subpoena seeks production of copies of deposition transcripts of Joachim Lehmann and Aftab Ahmed in

Case 2:02-cv-01876-HRH 4820-9735-3985.1

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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the World Nutrition Matter.

Mr. Lehmann was deposed on May 21, 2007 and that

deposition was designated as "Attorneys' Eyes Only." A copy of Marlyn's counsel's August 6, 2007 letter confirming that designation and Marlyn's objection to production is attached hereto as Exhibit "B". Because of the Protective Order, this deposition cannot be produced without another Court order permitting it. Defendant, a copy of the transcript will be produced. Similarly, Respondent possesses two additional deposition transcripts of Joachim Lehmann, one dated November 5, 2003 and one dated March 6, 2006. Respondent If a proper Order is obtained by

received its file in the World Nutrition Matter from prior counsel and understands that additional counsel were also involved in the World Nutrition Matter prior to that. As such, Respondent is not able to fully verify whether or not portions of the additional two deposition transcripts may also be subject to the Protective Order. Pursuant to ¶14 of the Protective Order, Plaintiff is on notice of the subpoena by Defendant in the instant action. Respondent hereby requests that Plaintiff confirm whether or not it has previously designated all or any portions of the prior to Lehmann deposition transcripts as Confidential or Attorneys' Eyes Only. Upon confirmation that no such designations occurred, Respondent will produce the deposition transcripts. In the

alternative, if a proper Order is obtained by Defendant, the transcripts will be produced. II. Response to Subpoena

As to the remainder of the Subpoena, Respondent responds as follows: 1. Respondent possesses no deposition transcripts of Aftab Ahmed responsive

to the subpoena. For the deposition transcripts of Joachim Lehmann, see Section I above. 2. Respondent possesses no trial transcripts of Aftab Ahmed responsive to the

subpoena. Respondent does possess trial transcripts of Joachim Lehmann responsive to the subpoena and will produce those with Plaintiff and Defendant's copies of this Objection and Response. 3. Respondent possesses no such documents to its knowledge.

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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DATED this 13th day of August, 2007. LEWIS BRISBOIS BISGAARD & SMITH, LLP

By:______/s__________________________ Stephen D. Hoffman Attorneys for Wong and World Nutrition ORIGINAL of the foregoing electronically filed this 13th day of August, 2007 with: Richard H. Weare, Clerk/DCE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA 401 West Washington Phoenix, Arizona 85034 COPY of the foregoing emailed This 13th day of August, 2007, to: Judge H. Russell Holland United States District Court 222 West 7th Avenue ­ No. 54 Anchorage, Alaska 99513 Judge Roslyn O. Silver

United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, AZ 85003-2158
COPIES of the foregoing e-filed This 13th day of August, 2007 to: Paul M. Levine, Esq. McCARTHY, HOLTHUS & LEVINE 3636 North Central Avenue, Suite 1100 Phoenix, Arizona 85012 Attorney for Plaintiff Paul F. Donahue, Esq. Bell, Boyd & Lloyd, LLP 70 W. Madison St. Chicago, IL 60602

By:______/s___________________
Case 2:02-cv-01876-HRH
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