White v Novartis Pharmaceuticals Corp.

Filing 101

ORDER signed by Judge William B. Shubb on 7/12/2010 GRANTING 98 Request to Seal Document(s) filed by Novartis Pharmaceuticals Corporation; the following documents shall be maintained UNDER SEAL until further order of this court: Exhibits 5, 9, 16, 17 and 57 to 88 Declaration of Martin Calhoun; Exhibits 3 and 4 to 78 Declaration of Martin Calhoun; Exhibits 1 and 3 to 70 Declaration of Martin Calhoun; Exhibits 6, 9 and 13 to 83 Declaration of Martin Calhoun; and Exhibit 51 to 94 Declaration of Martin Calhoun. (Waggoner, D)

White v Novartis Pharmaceuticals Corp.

Doc. 101

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James A. Bruen (State Bar No. 43880) ([e-mail]) Sandra A. Edwards (State Bar No. 154578) ([e-mail]) FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Katharine R. Latimer (admitted pro hac vice) ([e-mail]) Martin C. Calhoun (admitted pro hac vice) ([e-mail]) HOLLINGSWORTH LLP 1350 I Street, N.W. Washington, DC 20005 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NOVARTIS PHARMACEUTICALS CORPORATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CHERYL J. WHITE, SUCCESSOR TO WILLIAM WHITE, Plaintiff, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant. Case No. 2:06-CV-00665-WBS-GGH Complaint Filed: March 29, 2006 Trial Date: November 16, 2010

[PROPOSED] ORDER TO SEAL DOCUMENTS The Court, having considered, pursuant to Civil Local Rule 141, the request by defendant Novartis Pharmaceuticals Corporation ("NPC") to seal certain exhibits (or parts of exhibits) upon which NPC relies in support of its July 7, 2010 Daubert motions, and for good cause shown,

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Dockets.Justia.com

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hereby grants NPC's request orders that the following documents be maintained under seal until further order of the Court: A. Certain Exhibits to Declaration of Martin Calhoun in Support of NPC's Daubert Motion to Exclude Expert Testimony of Plaintiff's Expert Wayne Ray, Ph.D. (Docket No. 88)

Exhibit 5: Arrowsmith Expert Report. This document shall be maintained by the Court under seal. Exhibit 9: ZometaŽ Periodic Safety Update Report 10. This document shall be maintained by the Court under seal. Exhibit 16: Expert Report of Professor Wayne Ray. NPC filed this exhibit publicly with the exception of redacting sections 6.1.2 and 6.1.3. The unredacted copy of this document shall be maintained by the Court under seal. Exhibit 17: Revised Expert Report of Professor Wayne Ray. NPC filed this exhibit publicly with the exception of redacting sections 6.1.2 and 6.1.3. The unredacted copy of this document shall be maintained by the Court under seal. Exhibit 57: Revised Versions of Professor Ray's Figure 7 and Figure 8 as filed under seal in In re Aredia and Zometa Prods. Liab. Litig., 3:06-md-1760 in support of NPC's Daubert Mot. to Exclude Test. of Pl.'s Expert Wayne Ray, Ph.D. (M.D. Tenn. June 1, 2009) (MDL Docket No. 2386). This document shall be maintained by the Court under seal. B. Certain Exhibits to Declaration of Martin Calhoun in Support of NPC's Daubert Motion to Exclude Expert Testimony of Plaintiff's Expert Robert Fletcher, M.D. (Docket No. 78)

Exhibit 3: J. Caminis et al., Maxillofacial Complication Adjudication Committee Charter (June 8, 2005). This document shall be maintained by the Court under seal. Exhibit 4: John Grbic & Regina Landesberg, Special Expert Evaluation Report (SpEER) of Maxillofacial Adverse Events of 5 mg Zoledronic Acid Given Once Yearly (Jan. 3, 2007). This document shall be maintained by the Court under seal.
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C.

Certain Exhibits to Declaration of Martin Calhoun in Support of NPC's Daubert Motion to Exclude Expert Testimony of Plaintiff's Expert James Vogel, M.D. (Docket No. 70)

Exhibit 1: Vogel Expert Report. NPC shall publicly file this report with redactions of paragraphs 26, 36(f), 40, 51, and 60. The unredacted copy of this document shall be maintained by the Court under seal. Exhibit 3: Transcript of the Deposition of Dr. James Vogel (Jan. 7, 2010). NPC seeks to seal pages 319-24 of this transcript. These pages will be maintained under seal by the Court. NPC shall publicly file the other pages of Exhibit 3. D. Certain Exhibits to Declaration of Martin Calhoun in Support of NPC's Daubert Motion to Exclude Expert Testimony of Plaintiff's Expert Suzanne Parisian (Docket No. 83)

Exhibit 6: Expert Report of Dr. Suzanne Parisian. This document shall be maintained by the Court under seal. Exhibit 9: Rebuttal Report of Dr. Suzanne Parisian. This document shall be maintained by the Court under seal. Exhibit 13: Parisian Testimony Table. This document shall be maintained by the Court under seal. E. Exhibit to Declaration of Martin Calhoun in Support of NPC's Daubert Motion to Exclude Causation Testimony of Plaintiff's Non-Retained Experts (Docket No. 94)

Exhibit 51: Expert Report of Nelson Rhodus. NPC shall publicly file all pages upon which it relied in support of this Daubert motion. DATED: July 12, 2010 SO ORDERED:

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Date: July 8, 2010

Respectfully submitted, /s/ Martin C. Calhoun Katharine R. Latimer (admitted pro hac vice) ([e-mail]) Martin C. Calhoun (admitted pro hac vice) ([e-mail]) HOLLINGSWORTH LLP 1350 I Street, N.W. Washington, DC 20005 Telephone: [phone] Facsimile: [phone] James A. Bruen (State Bar No. 43880) ([e-mail]) Sandra A. Edwards (State Bar No. 154578) ([e-mail]) FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Novartis Pharmaceuticals Corporation

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