Carter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EPICENTRX, INC., Case No. 23-mc-80131-KAW

Plaintiff,

ORDER TRANSFERING MOTION TO

v. COMPEL

COREY A. CARTER, Re: Dkt. No. 1 Defendant.

12 On April 28, 2023, EpicentRx, Inc. moved to compel Genetech USA, Inc. to appear for a further deposition in compliance with a subpoena served in connection with a pending action in the United States District Court for the Southern District of California, EpicentRx, Inc. v. Carter, No. 3:20-cv-01058-JO-DDL. (Dkt. No. 1.) In opposition, Genetech asserts the motion is untimely, having been brought “five months after the deposition, and more than eight months after the close of fact discovery in the Underlying Action.” (Dkt. No. 6-4 at 1.) It further argues that its representative was adequately prepared for the deposition; EpicentRx cannot justify why it needs the information it seeks from Genetech; and EpicentRx is abusing the discovery process. (Dkt. No. 6-4 at 1-2.)…