In re: Sandoz Canada Inc. et al
| Sandoz Canada Inc |
| Sun Pharma Canada Inc |
| Rolf Grempler |
| 3:2023mc00087 |
| September 27, 2023 |
| US District Court for the District of Connecticut |
| Janet C Hall |
| Other Statutory Actions |
| 28 U.S.C. ยง 1782 Letter rogatory - appointment |
| None |
Docket Report
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Filing 7
ORDER RULING ON PETITION FOR DISCOVERY PURSUANT TO 28 U.S.C. 1782: For these reasons, the Court grants the Application of Sandoz Canada Inc. and SunPharma Canada Inc. for an Order Pursuant to 28 U.S.C. 1782. (Pet., ECF No. 1.) It is therefore ORDERED that the Petitioners application is granted in its entirety, and IT IS FURTHER ORDERED that the Petitioners are permitted to serve Rolf Grempler with the subpoena attached as Exhibit A to the Declaration of Kenneth C. Murphy, and IT IS FURTHER ORDERED that the deposition shall proceed under the Canadian Federal Courts Rules and the commission issued by the Canadian Court. This is not a recommended ruling by a Magistrate Judge, but rather a ruling on discovery, the standard for review of which is specified in 28 U.S.C. 636, Fed. R. Civ. P. 72, and Rule 72.2 of the Local Rules for United States Magistrate Judges. See In re Hulley Enterps. Ltd., 400 F. Supp. 3d 62, 71 (S.D.N.Y. 2019) (holding that 1782 motions are procedural and rulings on 1782 applications are not dispositive....); In re Kidd, No. 3:20-cv-800 (KAD), 2020 WL 5594122, at *2 (D. Conn. Sept. 18, 2020) (reviewing a Magistrate Judges decision on a Section 1782 application under a clearly erroneous standard). As such, it is an order of the Court unless reversed or modified by a District Judge upon timely made objection. See 28 U.S.C. 636(b)(written objections to ruling must be filed within fourteen calendar days after service of same); Fed. R. Civ. P. 6(a), 6(d) & 72; Rule 72.2 of the Local Rules for United States Magistrate Judges, United States District Court for the District of Connecticut; Caidor v. Onondaga County, 517 F.3d 601, 603-05 (2d Cir. 2008) (failure to file timely objection to Magistrate Judges discovery ruling waives appellate review). Signed by Judge Janet C. Hall on 10/17/2023.(Lewis, D)
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Filing 6
ORDER granting #1 Application: Subpeona Duces Tecum on Mr. Grempler may issue. SO ORDERED by Judge Janet C. Hall on 10/12/2023. (Sichanh, Christina)
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| Filing 4 NOTICE by Sandoz Canada Inc, Sun Pharma Canada Inc re #1 EX PARTE Motion Application for Letter Rogatory/Discovery Pursuant to 28 USC 1782 by Sandoz Canada Inc, Sun Pharma Canada Inc ( Filing fee $ 49 receipt number ACTDC-7497330) Letter enclosing Corrected Proposed Order (Attachments: #1 Corrected Proposed Order)(Murphy, Kenneth) |
| Filing 3 Disclosure Statement identifying Sun Pharmaceutical Industries, Ltd. and Sun Pharma Netherlands B.V. for Sun Pharma Canada Inc. (Anastasio, F.) |
| Filing 2 Disclosure Statement identifying Sandoz AG for Sandoz Canada Inc. (Anastasio, F.) |
| Judge Janet C. Hall added. (Freberg, B) |
| Filing 1 EX PARTE Motion Application for Letter Rogatory/Discovery Pursuant to 28 USC 1782 by Sandoz Canada Inc, Sun Pharma Canada Inc ( Filing fee $ 49 receipt number ACTDC-7497330), filed by Sandoz Canada Inc, Sun Pharma Canada Inc. (Attachments: #1 Memorandum in Support, #2 Declaration of Kenneth C. Murphy, #3 Exhibit A to the Declaration of Kenneth C. Murphy, #4 Exhibit B to the Declaration of Kenneth C. Murphy, #5 Exhibit C to the Declaration of Kenneth C. Murphy, #6 Exhibit D to the Declaration of Kenneth C. Murphy, #7 Text of Proposed Order, #8 Civil Cover Sheet, #9 Corporate Disclosure Statement of Sandoz Canada Inc., #10 Corporate Disclosure Statement of Sun Pharma Canada, Inc)(Murphy, Kenneth) |
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