Integra Lifesciences I, Ltd. v. Merck KGaA

ORDER DENYING DEFENDANTS’ OBJECTIONS TO AND APPEAL OF MAGISTRATE JUDGE BATTAG-LIA’S ORDER

By order dated November 3, 1999 United States Magistrate Judge Anthony J. Battag-lia denied Defendants’ Motion to for Leave to Take the Trial Deposition of Dr. Kenneth Yamada. Dr. Yamada, an out-of-state witness, is an officer of the National Institute of Health who cannot lawfully be compelled to testify in California absent a determination from the Director of Health and Human Services. Judge Battaglia’s order declined to re-open discovery for purposes of securing Dr. Yamada’s trial deposition.

On November 18, 1999 Defendants submitted their objections to and appeal of Judge Battaglia’s order. Defendants contend that because Dr. Yamada will be unavailable to testify at trial, the discovery cut-off date should be extended to permit Dr. Yamada’s trial deposition. Defendants argue that it was not until September 1999 that they first learned that Dr. Yamada would be unavailable to testify at trial. According to Defendants, re-opening discovery to conduct Dr. Yamada’s videotaped trial deposition will properly preserve his testimony. 1

*564 Defendants’ objections present many of the same…