Regents of the University of California v. Kohne

ORDER VACATING MAGISTRATE’S DISCOVERY ORDER AND REQUIRING FURTHER BRIEFING

JONES, District Judge.

I. INTRODUCTION

Defendants Gen-Probe, Inc. and David Kohne request this Court to overturn the ruling of Magistrate McKee granting third-party Norval Galloway’s Motion to Quash Subpoena, and imposing sanctions. For the reasons stated below, the Court vacates the Magistrate’s Order and orders the parties to submit further briefing to this Court in order to permit a final decision on this motion.

II. STANDARD OF REVIEW

On review of a nondispositive pretrial matter, the Court may only “modify or set aside…