Biotronik, Inc. v. Medtronic USA, Inc. et al, No. 3:2011cv00366 - Document 71 (D. Or. 2012)

Court Description: Opinion and Order - After hearing the arguments of counsel and reviewing de novo Judge Hubel's order, I ADOPT that order for the reasons stated by Judge Hubel. Signed on 3/1/12 by Judge Michael H. Simon. (mja)

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Biotronik, Inc. v. Medtronic USA, Inc. et al Doc. 71 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION BIOTRONIK, INC., an Oregon corporation, Plaintiff, Case No.: 03:11-cv-00366-HU OPINION AND ORDER v. MEDTRONIC USA, INC., a Minnesota corporation; and MEDTRONIC, INC., a Minnesota corporation; Defendants. E. Sean Donohue DONOHUE & ASSOCIATES 1625 Umpqua Bank Plaza One S.W. Columbia Street Portland, OR 97258-2021 Attorney for Plaintiffs Jeffrey M. Edelson Matthew A. Levin MARKOWITZ, HERBOLD, GLADE & MEHLHAF, P.C. Suite 3000 Pacwest Center 1211 S.W. Fifth Avenue Portland, OR 97204-3730 Dockets.Justia.com Jonathan S. Parritz Nadege J. Souvenir MASLON EDELMAN BORMAN & BRAND, LLC 90 S. 7th Street, Suite 3300 Minneapolis, MN 55402 Attorneys for Defendants SIMON, District Judge. Defendants have moved to stay this declaratory judgment action pending resolution of a related state court lawsuit in Minnesota involving the same parties and issues. (Doc. #58 .) Defendants have also moved for a protective order. Id On February 27,2012, United States Magistrate Judge Dennis Rubel granted Defendants' motion to stay and denied as moot Defendants' motion for a protective order. (Doc. # 68.) Plaintiff objects to Judge Rubel's order, which has been referred to me for immediate review on the current record. After hearing the arguments of counsel and reviewing de novo Judge Rubel's order, I ADOPT that order for the reasons stated by Judge Rubel. IT IS SO ORDERED. DATED this 1st day of March, 2011 . Michael H. nnon United States District Judge

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