Integra Lifesciences I, Ltd. v. Merck KGaA

Order Denying Defendants’ Motion for Leave to Take Trial Deposition of Dr. Kenneth Yamada [Doc. No. 726]; Denying Without Prejudice Plaintiffs’ Motion to Exclude IXSYS IND Document Production and to Exclude Such Document at Trial [Doc. No. 730]

Defendants have filed a motion for leave to take the trial deposition of Dr. Kenneth Ya-mada for use at trial in this case. Plaintiffs have filed a motion to exclude a particular document production, and for exclusion of the particular document at trial in this case. With regard to each motion, opposition, reply, and sur-reply papers have been filed. A hearing was held before Magistrate Judge Battaglia on October 26, 1999. Lynne Brennan and David Beckwith appeared on behalf of Plaintiffs. Patricia Thayer and Martha Gooding appeared on behalf of Defendants. For the reasons set forth herein, Defendants’ motion is DENIED and Plaintiffs’ motion is DENIED WITHOUT PREJUDICE.

Background

Pursuant to this Court’s May 6, 1998 Scheduling Order, all fact discovery was to have been completed by November 30, 1998 and all expert discovery was to have been completed by December 31, 1998. [Doc. No. 248]. The parties thereafter stipulated to several…