In Re Ex Parte Application of Align Technology, Inc. and Align Sichuan Medical Equipment Co., Ltd., No. 2:2022mc00236 - Document 22 (C.D. Cal. 2023)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Stanley Blumenfeld, Jr.: IT THEREFORE IS ORDERED that: (1) The Report and Recommendation of United States Magistrate Judge 10 is ACCEPTED; (2) Applicants Align Technology, Inc. and Align (Sichuan) Medical Equipment Co., Ltd.'s Ex Parte Application for an Order Pursuant to 28 U.S.C. Section 1782 Granting Leave to Obtain Discovery from Dr. Chia Soo for Use in Foreign Proceedings Application 1 is GRANTE D IN PART and DENIED IN PART as follows: (a) Issuance and service of the Proposed Subpoena ("Authorized Subpoena") is AUTHORIZED, without prejudice to Dr. Soo or any other person affected by the Authorized Subpoena contesting the Authorized Subpoena as permitted by the Federal Rules of Civil Procedure. Dr. Soo or any person contesting the Authorized Subpoena shall have 30 calendar days from the date of service of the Authorized Subpoena to file any motions in this Court to contest it. (b) Applicants are ORDERED to serve a copy of this Order on Dr. Soo together with service of the Authorized Subpoena. (c) Applicants' request for a protective order is DENIED without prejudice to their resubmission of a proposed protective order to Magistrate Judge Audero in compliance with her procedures. (gk)

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In Re Ex Parte Application of Align Technology, Inc. and Align Sichuan Medical Equipment Co., Ltd. Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 In re Ex Parte Application of ALIGN TECHNOLOGY, INC. and ALIGN (SICHUAN) MEDICAL EQUIPMENT CO., LTD. for an Order Pursuant to 28 U.S.C. § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings Case No. 2:22-mc-00236-SB-MAA ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 16 17 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed Align Technology, Inc. 19 and Align (Sichuan) Medical Equipment Co., Ltd.’s (together, “Applicants”) Ex 20 Parte Application for an Order Pursuant to 28 U.S.C. § 1782 Granting Leave to 21 Obtain Discovery from Dr. Chia Soo for Use in Foreign Proceedings 22 (“Application,” ECF No. 1); the other records on file herein; the Report and 23 Recommendation of United States Magistrate Judge (ECF No. 10); Dr. Soo’s 24 Objections (ECF Nos. 14, 18); and Applicants’ Response to Dr. Soo’s Objections 25 (ECF No. 21). After conducting a de novo review of the portions of the Report and 26 Recommendation to which Objections were directed, the Court concurs with and 27 accepts the findings and conclusions of the Magistrate Judge. 28 /// Dockets.Justia.com 1 IT THEREFORE IS ORDERED that: 2 (1) 3 The Report and Recommendation of United States Magistrate Judge is ACCEPTED; (2) 4 The Application is GRANTED IN PART and DENIED IN PART as 5 follows: 6 a. Issuance and service of the Proposed Subpoena (“Authorized 7 Subpoena”) is AUTHORIZED, without prejudice to Dr. Soo or 8 any other person affected by the Authorized Subpoena contesting 9 the Authorized Subpoena as permitted by the Federal Rules of Civil 10 Procedure. Dr. Soo or any person contesting the Authorized 11 Subpoena shall have thirty (30) calendar days from the date of 12 service of the Authorized Subpoena to file any motions in this 13 Court to contest it, which date may be extended by agreement of 14 the parties or order of the Court. To allow for such motions, the 15 return date on the Authorized Subpoena must be set at least thirty- 16 one (31) days after the date of its service. Dr. Soo’s obligation to 17 respond to the Authorized Subpoena is automatically stayed upon 18 the filing of any motion contesting the Authorized Subpoena and 19 such stay shall remain in effect until such motion is resolved. In 20 this regard, Applicants, Dr. Soo, and any person contesting the 21 Authorized Subpoena are reminded of their obligation to comply 22 with Central District of California Local Civil Rule 37 and 23 Magistrate Judge Maria Audero’s discovery dispute resolution 24 process before resorting to motion practice in connection with the 25 Authorized Subpoena. b. Applicants are ORDERED to serve a copy of this Order on Dr. 26 Soo together with service of the Authorized Subpoena. 27 28 /// 2 1 c. Applicants’ request for a protective order is DENIED without 2 prejudice to their resubmission of a proposed protective order to 3 Magistrate Judge Audero in compliance with her procedures. 4 5 6 7 DATED: January 24, 2023 STANLEY BLUMENFELD, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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