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St. Jude Med. S.C., Inc. v. Janssen-Counotte

United States District Court for the District of Oregon

May 18, 2015, Decided; May 18, 2015, Filed

Case No. 3:15-mc-00099-SI

Opinion

 [*1156]  OPINION AND ORDER ON MOTION FOR RECONSIDERATION OR TRANSFER

Michael H. Simon, District Judge.

Plaintiff St. Jude Medical S.C., Inc. ("St. Jude" or "St. Jude U.S.") previously brought a motion to compel compliance with a third-party subpoena that it served upon Biotronik, Inc. ("Biotronik" or "Biotronik U.S."). After that motion was fully briefed and argued, the Court granted St. Jude's motion in part and appointed a special master to assist in resolving the remainder of the issues. Dkts. 19, 20. Biotronik now moves the Court to reconsider its decision or to transfer the dispute to the Western District of Texas, where the underlying, [**2]  principal case is pending. The Court has considered the parties' arguments as set forth in their memoranda and supporting materials. For the reasons stated below, Biotronik's motion is DENIED.

BACKGROUND

The parties and events leading to the present motion are adequately chronicled in the Court's prior Opinion and Order dated March 23, 2015. Dkt. 19 at 2-11. For ease of understanding the Court's resolution  [*1157]  of the pending motion, however, the parties and their relationships relevant to this motion are briefly stated as follows:

• St. Jude U.S. and Biotronik U.S. are both members of multinational corporate groups that compete in the worldwide medical-technology market.

• Biotronik U.S. is owned by MS Holding II SE, a German company. MS Holding II SE also owns Biotronik SE & Co. KG ("Biotronik SE"), a German company. Biotronik AG is another European company affiliated with Biotronik U.S.

• Defendant Louise Marie Janssen-Counotte ("Janssen") was previously employed as a vice president by St. Jude U.S.'s European affiliates and is now president of Biotronik U.S.

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104 F. Supp. 3d 1150 *; 2015 U.S. Dist. LEXIS 64355 **; 91 Fed. R. Serv. 3d (Callaghan) 1495

ST. JUDE MEDICAL S.C., INC., Plaintiff, v. LOUISE MARIE JANSSEN-COUNOTTE, Defendant, and BIOTRONIK, INC., Third-Party Subpoena Recipient.

Prior History:  [**1] Principal case pending in U.S. District Court, Western District of Texas, Austin Div., Case No. A-14-CA-877-SS).

St. Jude Med. S.C., Inc. v. Janssen-Counotte, 305 F.R.D. 630, 2015 U.S. Dist. LEXIS 35751 (D. Or., 2015)

CORE TERMS

discovery, documents, subpoena, disclosure, compliance, Directive, personal data, entity, weighs, affiliates, comity, requests, parties, argues, nonparty, factors, discovery dispute, motion to compel, reconsideration motion, special master, prohibits, records, courts, discovery order, district court, principal-agent, third-party, quotation, privacy, merits

Business & Corporate Law, Duties & Liabilities, Authorized Acts of Agents, Scope of Authority, Corporations, Corporate Governance, Record Inspection & Maintenance, Civil Procedure, Discovery & Disclosure, Discovery, Subpoenas, Agency Relationships, Disclosure Requirements, Burdens & Expenses, Discovery, International Law, Dispute Resolution, Evidence, Hague Convention on Taking Evidence Abroad, Methods of Discovery, Foreign Discovery, Comity Doctrine, Comity Doctrine Procedures, Discretion Regarding Procedures, Comity Doctrine, Comity Doctrine Procedures, Evidence, Responses, Defenses, Demurrers & Objections, Waiver & Preservation of Defenses, Business & Corporate Compliance, Criminal Offenses, Trade Secrets Law, Criminal Offenses, Dispute Resolution, Evidence, Relevance, Relevant Evidence, Venue, Federal Venue Transfers, Convenience Transfers