1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 TEVA PHARMACEUTICALS USA, INC., Case No. 24-cv-03567-BLF

8 Plaintiff, ORDER DENYING DEFENDANTS' 9 v. ADMINISTRATIVE MOTION TO

CONTINUE INITIAL CASE

10 CORCEPT THERAPEUTICS, INC., et al., MANAGEMENT CONFERENCE 11 Defendants. [Re: ECF No. 43]

12 13 On August 26, 2024, Defendants filed motions to dismiss the complaint and motions to stay 14 discovery pending the resolution of the motions to dismiss. ECF 34, 35, 36, 37. The motions to 15 dismiss and motions to stay discovery were terminated as moot in light of Plaintiff’s amended complaint filed on September 13. ECF 39, 40. The Initial Case Management Conference for this 16 case is set for October 31, 2024. ECF 14. Accordingly, the deadline for the parties’ initial Rule 26(f) 17 conference is October 10, 2024. Id.; see Fed. R. Civ. P. 26(f)(1). Before the Court is Defendants’ 18 administrative motion to continue case management conference. ECF 43. Defendants argue that an 19 Initial Case Management Conference in December 2024 or January 2025 may avoid unnecessary 20 disputes prompted by “ultimately futile antitrust discovery.” ECF 43. Plaintiff opposes the 21 administrative motion. ECF 44. According to Plaintiff, the administrative motion is essentially a 22 “thinly veiled motion to stay discovery,” and it is “procedurally improper” to seek a stay on 23 discovery using an administrative motion. ECF 44 at 1 (citing Meta Platforms, Inc. v. Voyager Labs 24 LTD., 2023 WL 4828007, at *2 (N.D. Cal. July 26, 2013)). The Court agrees with Plaintiff because 25 granting the administrative motion would continue the parties’ Rule 26(f) conference to a later date 26 “so that defendants will not be obligated to begin discovery” until then. ECF 44 at 1. Essentially, 27 the administrative motion is not “procedurally proper” to stay discovery, and Defendants can seek 1 Civil L.R. 7-4” as they previously did. Meta, 2023 WL 4828007, at *2. Accordingly, Defendants’ || administrative motion to continue Initial Case Management Conference is DENIED WITH 3 PREJUDICE. And, for the parties’ information, the Court will address any motion to stay discovery A as soon as it is fully briefed. Oral argument is rarely beneficial to the Court on this type of motion. 5 6 IT IS SO ORDERED. 7 8 Dated: September 23, 2024 ? Kern LABSON FREEMAN 10 United States District Judge 11 12

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