Medicis Pharmaceutical Corporation v. Acella Pharmaceuticals Incorporated

Filing 258

ORDER granting 254 Motion to Seal. The Clerk shall file under seal the documents currently lodged at Docket 255 . FURTHER ORDERED granting 257 Motion for Leave to File Excess Pages in Support of its Memorandum of Law in Opposition to Acella's Motion for Summary Judgment. The Clerk shall file into the record the documents currently lodged at Dockets 252 and 253 . Signed by Judge James A Teilborg on 9/8/11.(MAP)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Medicis Pharmaceutical Corporation,
Plaintiff,

10
11

vs.

12
Acella Pharmaceuticals Incorporated,
13
Defendant.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 10-1780-PHX-JAT
ORDER

15
16

Plaintiff Medicis Pharmaceutical Corporation (“Medicis”) has filed a Motion for

17

Leave to File Under Seal its Counterstatement of Material Facts and Statement of Additional

18

Material Facts and Exhibits 1 (Exhibt H only), 2 (Exhibits A and B only), 3, 6, and 9. (Doc.

19

254.) Medicis also filed a Motion for Leave to File Excess Pages in Support of its

20

Memorandum of Law in Opposition to Acella’s Motion for Summary Judgment. (Doc. 257.)

21

Regarding the Motion to Seal, the Court starts with a strong presumption in favor of

22

public access to court records. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135

23

(9th Cir. 2003). A party that wants to seal any part of a dispositive motion must overcome

24

this strong presumption with compelling reasons for sealing. Kamakana v. City and County

25

of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). To seal any part of non-dispositive

26

motion, a party still must demonstrate good cause. Id. at 1180.

27

The Court finds, based on its prior ruling on Acella’s Motion to Seal and Medicis’s

28

pending Motion to Seal, that Plaintiff has demonstrated compelling reasons for sealing its

1

Counterstatement of Material Facts and Statement of Additional Material Facts and Exhibits

2

1 (Exhibt H only), 2 (Exhibits A and B only), 3, 6, and 9. The Court therefore will grant the

3

Motion to File Under Seal.

4

The Court further finds good cause for granting Medicis’s page extension request.

5

The Court therefore will grant that Motion and will allow Medicis to file its twenty-one page

6

Opposition.

7

Accordingly,

8

IT IS ORDERED GRANTING Plaintiff Medicis Pharmaceutical Corporation’s

9

Motion for Leave to File Under Seal. The Clerk shall file under seal the documents currently

10

lodged at Docket 255.

11

IT IS FURTHER ORDERED GRANTING Plaintiff Medicis Pharmaceutical

12

Corporation’s Motion for Leave to File Excess Pages in Support of its Memorandum of Law

13

in Opposition to Acella’s Motion for Summary Judgment (Doc. 257). The Clerk shall file

14

into the record the documents currently lodged at Dockets 252 and 253.

15

DATED this 8th day of September, 2011.

16
17
18
19
20
21
22
23
24
25
26
27
28
-2-