ReCor Medical, Inc. v. Medtronic Ireland Manufacturing Unlimited Co.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RECOR MEDICAL, INC., Case No. 22-cv-03072-TLT (TSH) 8 Plaintiff, 9 y. DISCOVERY ORDER Re: Dkt. No. 156 10 MEDTRONIC IRELAND MANUFACTURING UNLIMITED CO., et

12 Defendants.

S 14 The parties have filed a joint discovery letter brief at ECF No. 156 in which Recor moves 3 15 || to strike facts and opinions in the expert report of Dr. DeForest McDuff that it says are untimely. 16 The effect of this motion, if granted, would be to bar the admission of these opinions in connection 5 17. || with summary judgment briefing and at trial. Judge Thompson has referred discovery disputes to 1g || the undersigned magistrate judge, ECF No. 112, but this isn’t a discovery dispute. Rather, “the 19 || dispute presented [is] more properly [the] subject of a motion in limine or in connection with a 29 || motion for summary judgment.” Finjan, Inc. v. Cisco Systems Inc., 2019 WL 6174936, *5 (N.D. 91 || Cal. Nov. 20, 2019). The Court therefore DENIES Recor’s motion without prejudice to raising 0 this dispute before Judge Thompson in a manner that is consistent with her case management and 3 scheduling order. IT IS SO ORDERED. 25 %6 Dated: June 5, 2025 THOMAS S. HIXSON 28 United States Magistrate Judge