Free Proposed Order - District Court of California - California

Case 3:08-mc-80011-PJH

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Filed 03/17/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. PALOMAR MEDICAL TECHNOLOGIES, INC., Defendant. / This matter is before the Court on Plaintiffs' motion to compel Dr. Vic Narurkar, a non-party resident of the Northern District of California, to produce documents pursuant to a subpoena duces tecum. The subpoena seeks medical records, photographs, marketing and product information, and communications between Defendant and Dr. Narurkar. Plaintiffs' motion to compel is allowed in part and denied in part. It is hereby ORDERED that Dr. Narurkar produce all materials requested by Plaintiffs relevant to Dr. Narurkar's marketing for the treatment of wrinkles or attempted treatment of wrinkles using the accused Palomar products, including any photographs that Dr. Narurkar has used to market his services. Dr. Narurkar is further ORDERED to produce those patient records, up to a total for 6 patients, relating to any treatment of wrinkles or attempted treatment of wrinkles using an accused Palomar products found within a search lasting no more than four hours. Dr. Narurkar shall search for such records alphabetically, beginning with the letter "A" but excluding any records predating January 1, 2006. Dr. Narurkar is to conduct this search in good faith. Dr. Narurkar is to redact CANDELA CORPORATION, et al. Plaintiffs, [JOINT PROPOSED] ORDER ON PLAINTIFFS' MOTION TO COMPEL DR. VIC NARURKAR TO PRODUCE SUBPOENAED DOCUMENTS____________________ Case No. C08-80011 Misc PJH (EDL). UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ORDER RE MOTION TO COMPEL

CASE NO. C08-80011 MISC PJH (EDL)

Case 3:08-mc-80011-PJH

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identifying patient information from the records produced and is not required to produce photographs from the patient files. It is further ORDERED that Dr. Narurkar is to make himself available for a deposition lasting no more than one day.

IT IS SO ORDERED. Dated: _______________________ _____________________________________ The Honorable Elizabeth D. Laporte United States Magistrate Judge

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ORDER RE MOTION TO COMPEL

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CASE NO. C08-80011 MISC PJH (EDL)

Case 3:08-mc-80011-PJH

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Filed 03/17/2008

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DLMR_416252.1