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CANTRELL v. NEW YORK UNIVERSITY

United States District Court, Southern District of New York


June 11, 2003

STEVEN B. CANTRELL, ETC., PLAINTIFF, AGAINST NEW YORK UNIVERSITY, ETC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, District Judge.

ORDER

Plaintiff has made a number of additional discovery-related applications, as well as sought a modification of the scheduling order, by letter dated May 19, 2003. Defendants have responded. These matters are disposed of as follows:

Documentary Discovery

1. Defendants shall produce for inspection and copying financial records demonstrating patient revenue for services rendered in connection with the clinical trials at issue and utilization of those funds by the medical school/grantee. Their objection to the corresponding request is otherwise sustained.

2. Defendants' objection to production of additional financial records relating to the use and administration of grant funds as well as the collection and disposition of all third-party income from billings for the melanoma vaccine program is sustained except to the extent indicated in paragraph 1 of this Order.

3. The remainder of plaintiff's application, which relates to his Second Request for Production of Documents, is moot in light of defendants' response.

Additional Depositions

This aspect of plaintiff's application is mooted by defendants' response save insofar as plaintiff seeks to conduct a deposition of the National Institutes of Health. He may do so.

Scheduling Order

Defendants shall produce the documents, production of which is ordered hereby, no later than June 30, 2003. All other non-expert discovery shall be completed no later than July 31, 2003. Plaintiff and defendants shall produce any expert reports no later than August 31, 2003 and September 30, 2003, respectively. All expert disclosure, including depositions, shall be concluded no later than October 31, 2003. A joint pretrial order in the form prescribed and any motions for summary judgment shall be filed no later than November 15, 2003.

SO ORDERED.

20030611

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