Shaw, et al v. Mylan, Inc. et al

Filing 29

PROTECTIVE ORDER signed by Judge John A. Mendez on 9/28/2011. (Michel, G)

1
2
3
4
5
6
7
8
9
10
11
12

JENNIFER RANDLETT MADDEN (Bar No. 184905)
MEGHAN M. BAKER (Bar No. 243765)
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Admitted Pro Hac Vice:
CLEM C. TRISCHLER (Pa. Bar No.: 52957)
JASON M. REEFER (Pa. Bar No.: 208514)
PIETRAGALLO GORDON ALFANO BOSICK &
RASPANTI, LLP
One Oxford Centre, 38th Floor
Pittsburgh, PA 15219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

13
14
15

Attorneys for Defendants
Mylan Inc.; Mylan Pharmaceuticals Inc; Mylan
Technologies Inc.

16
UNITED STATES DISTRICT COURT
17
EASTERN DISTRICT OF CALIFORNIA

18
19

MISTY SHAW, JAMES SHAW, and
LUCILLE SHAW,

20

Case No.: 2:11-cv-00189-JAM-CMK
STIPULATED PROTECTIVE ORDER

Plaintiffs,

21
v.
22
23
24
25

MYLAN, INC., MYLAN
PHARMACEUTICALS, INC., MYLAN
TECHNOLOGIES, INC., ALZA
CORPORATION, JANSSEN
PHARMACEUTICALS, and DOES 1-100

Judge: Honorable John A. Mendez

Defendants.

26
27
28

STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

WHEREAS, Plaintiffs and/or any other party may seek the production of documents and

2

information from Defendants, Mylan Inc., Mylan Pharmaceuticals Inc., and Mylan Technologies Inc.,

3

(collectively, “Mylan”), and Janssen Pharmaceuticals, Inc. (formerly known as Ortho-McNeil-Janssen

4

Pharmaceuticals, Inc. and improperly sued as Janssen Pharmaceuticals) (“Janssen”) (Mylan and

5

Janssen collectively referred to herein as “Product Defendants”);

6

WHEREAS, Product Defendants allege such documents contain competitive sales, marketing,

7

or product information including, but not limited to: (1) descriptions, identifications, changes, and

8

modifications of any sort made to equipment used in the manufacturing process; (2) operations

9

involved in the entire manufacturing process; (3) manufacturing practices and procedures and specific

10

records illustrating same; (4) formulations and specifications relating to the product at issue; (5)

11

practices, procedures and protocols relating to quality control and quality assurance; (6) other

12

scientific marketing and/or research and development information; and/or (7) corporate financial

13

Janssen-specific information and/or Mylan-specific information which Product Defendants deem

14

confidential.

15

WHEREAS, Product Defendants deem that knowledge of any of the foregoing categories of

16

information to the public and specifically to any competitor would cause a severe competitive injury

17

to Product Defendants in that many years have been invested in researching, developing,

18

manufacturing, and marketing the products at issue, and Product Defendants currently rely on such

19

expertise;

20

WHEREAS, it has been agreed by and among the parties in the above-styled action, through

21

their counsel, that such documents may include trade secrets that are protected under applicable state

22

and federal law;

23

WHEREAS, it has been agreed by and among the parties in the above-styled action, through

24

their counsel, that a Protective Order preserving the confidentiality of certain documents and

25

information should be entered by the Court; and

26

WHEREAS, the Court has reviewed the terms and conditions of this Protective Order

27

submitted and stipulated to by the parties, and has found that the confidentiality provisions of this

28

Protective Order are proper.
2
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

IT IS HEREBY ORDERED THAT:

2

1.

Non-Disclosure of Documents. Documents produced by Product Defendants may be

3

stamped “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” and/or “Protected Document.

4

Document Subject to Protective Order” (hereinafter “Protected Documents”) to signify that the

5

documents are subject to protection by this Order. Interrogatory answers, responses to Requests for

6

Admission, deposition transcripts and exhibits, pleadings, motions, affidavits, briefs, summaries,

7

notes, computer-generated material, computer discs or retrievable data, other means of storage or

8

duplication, and oral statements or communications that quote, summarize, or contain information

9

from the Protected Documents are also subject to protection by this Order. No Protected Document

10

or any portion of any Protected Document produced by Product Defendants may be disclosed to any

11

person, except as permitted in paragraphs 2, 3 and 4 below.

12

2.

Protected Documents and/or any portion thereof deemed confidential may be disclosed

13

to (a) counsel of record who are actively engaged in the conduct of this litigation; (b) the partners,

14

associates, secretaries, paralegals, and employees of such counsel to the extent reasonably necessary

15

to render professional services in the above-styled action; and (c) any party to this litigation, including

16

current employees or representatives of Product Defendants, subject to the restrictions set forth in

17

paragraphs 3 and 4.

18

3.

In addition, Protected Documents and/or any portion thereof deemed confidential may

19

be disclosed to (a) employees of the producing party noticed for depositions or designated as trial

20

witnesses; and (b) outside consultants or experts retained by any party or their counsel for the purpose

21

of assisting counsel in the litigation or to testify at trial, provided, however, that such experts or

22

consultants are not presently employed by, nor have any present intention to be employed by, any

23

party or a competitor of any party. Before any Protected Document may be disclosed to any person

24

described in (a) and/or (b) of this paragraph, however, the person so described must sign the attached

25

Confidentiality Agreement. The Confidentiality Agreement reflects that the signatory has read this

26

Protective Order, understands that anything other than the inadvertent disclosure of Protected

27

Documents constitutes contempt of court, and consents to the exercise of personal jurisdiction by this

28

Court. The original of each signed Confidentiality Agreement shall be retained by counsel and a copy
3
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

thereof served upon Product Defendants’ counsel, except that a copy of the Confidentiality

2

Agreement signed by a person described in subsection (b) need not be served upon Product

3

Defendants’ counsel until such person is disclosed as a witness.

4

4.

Protected Documents subject to this Protective Order shall not be disclosed to any

5

Competitor of Product Defendants. For purposes of this Order, “Competitor” shall be defined as any

6

entity or person currently engaged in the commercial discovery and/or commercial development

7

and/or commercialization of transdermal or patch technology designed to deliver pharmaceuticals

8

through the skin, and shall include any agent, employee, consultant, or other person currently

9

similarly affiliated with such entity or person. For purposes of this Order, Mylan and Janssen and

10

their agents, employees, consultants or other persons similarly affiliated with Mylan and Janssen

11

respectively, are deemed to be Competitors. For purposes of the captioned matter, Competitor shall

12

not refer to those individuals identified in paragraph 2(a) & (b). Before disclosing any Protected

13

Document to any person listed in paragraph 2(c), 3(a) or 3(b), who may also be a Competitor of

14

Product Defendants, the procedures in this paragraph shall be followed to assure that no confidential

15

information is disclosed to any Competitor.

16

Entry of this Protective Order by the Court imposes a duty upon any person who may be a

17

Competitor of Product Defendants to whom any Protected Documents are to be disclosed to make a

18

good faith determination as to whether he or she is a Competitor.

19

a.

If the person determines himself or herself to be a Competitor, neither the

20

Protected Documents nor the contents thereof shall be discussed with or disclosed to such

21

person.

22

b.

If the person determines himself or herself not to be a Competitor, that person

23

and counsel who intends to disclose Protected Documents to that person shall execute

24

Affidavit “A” and Affidavit “B” respectively in addition to the Confidentiality Agreement

25

attached hereto. Except as otherwise provided in paragraph 3, the original Affidavits and

26

Confidentiality Agreement shall be retained by counsel and a copy thereof served upon

27

Product Defendants’ counsel seven (7) business days prior to the disclosure of any Protected

28

Documents and/or the contents thereof.
4
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

c.

If the person is unable to determine whether he or she is a Competitor, counsel

2

for the disclosing party shall prepare a written statement identifying the potential Competitor,

3

including the name and current residence of the potential Competitor, his or her job title and

4

employer’s name and address for the previous five (5) years. The original of such statement

5

shall be retained by counsel and a copy thereof served in accordance with applicable rules of

6

Civil Procedure upon Product Defendants’ counsel. Product Defendants’ counsel shall have

7

seven (7) business days to object to the disclosure of Protected Documents to the potential

8

Competitor. If no objection is made, the Affidavits and Confidentiality Agreement shall be

9

executed and served as described in subsection (b).

10

If there is an uncertainty or a dispute as to whether the person is a Competitor, any

11

party may seek a ruling from this Court regarding the same. Pending a ruling by the Court on

12

that dispute, no Protected Documents shall be disclosed to the potential Competitor. Nothing

13

herein shall prevent Plaintiffs from seeking leave of court upon good cause shown to disclose

14

Protected Documents to a Competitor of Product Defendants.

15

5.

Certain documents prepared in compliance with the regulations of the United States

16

Food and Drug Administration contain material that is privileged and confidential under the patient-

17

physician privilege or specific federal regulations governing clinical trials and adverse drug

18

experience reporting.

19

Defendants in response to a discovery request shall have the name and address of the patient and

20

physician redacted as well as all identifying information regarding the reporter, but such redaction

21

shall not be done in such a manner as to redact material data in such reports.

22

6.

23

To protect these privileges, all such documents produced by Product

Documents at Depositions.
a.

A deponent who is not a current employee of Product Defendants may, during

24

the deposition, be shown and examined about the Protected Documents as long as disclosure

25

comports with the provisions of the preceding paragraphs, although the deponent can comply

26

with the requirements of the preceding paragraphs via oral testimony on the record under oath

27

during the deposition instead of actually signing the affidavits.

28

former employee of Product Defendants may be shown a Protected Document if such former
5
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

Notwithstanding such, a

1

employee authored or has previously seen such document. A deponent shall not retain or copy

2

portions of the transcript of his or her deposition containing confidential information not

3

provided by the deponent or the entities whom he or she represents unless he or she signs the

4

Confidentiality Agreement as well as the applicable Affidavit described above.

5

b.

Any party and any deponent may, within thirty (30) days after receiving a

6

deposition transcript, designate the transcript as protected pursuant to this Protective Order by

7

written notice to all counsel of the designation and by having the cover page of the transcript

8

marked as follows: “PROTECTED DOCUMENT – SUBJECT TO PROTECTIVE ORDER,”

9

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” and/or “Protected Document.

10

Document Subject to Protective Order.” During the initial thirty (30) day period, the entire

11

deposition will be treated as subject to protection against disclosure under this Protective

12

Order, but if no party or deponent timely designates the transcript as protected, then the

13

transcript shall not thereafter be subject to this Protective Order. However, deposition exhibits

14

that are protected documents pursuant to this Protective Order will continue to be protected

15

without further designation being required. The continued protection of such documents will

16

not be dependent upon the transcript being designated as protected. If there is uncertainty or

17

any dispute as to whether a transcript has been properly designated as protected, any party

18

may seek a ruling from this Court. Pending a ruling by the Court, the entire deposition will be

19

treated as subject to protection against disclosure under this Protective Order. Deposition

20

transcripts designated as protected may be filed with the Court only under seal, consistent with

21

the provisions of Paragraph 7.

22

7.

Filing. The Protected Documents are not to be filed with this Court except when

23

required in connection with motions or other matters pending before this Court. If any party intends

24

to file Protected Documents, such party shall adhere to the provisions for sealing a record under the

25

applicable rules of civil procedure and local rules. Any motion quoting or revealing the contents of

26

such Protected Documents or information shall also be filed under seal and a redacted public version

27

may be filed without quoting or revealing the contents of any confidential information. If any party

28

notifies another party that they intend or need to file one or more of the Protected Documents in
6
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

response to a motion previously filed, the party who filed such motion specifically agrees to provide

2

whatever extension or continuance is necessary to file such response to allow for compliance with

3

paragraph 7. Specifically, upon request, the parties agree to provide an extension or continuance for

4

the filing of any response to any motion to provide appropriate time to comply with the applicable law

5

regarding filing such documents under seal.

6

8.

Documents used at Trial. All trials are open to the public. Absent order of the Court,

7

there will be no restrictions on the use of any document that may be introduced by any party during

8

the trial. If a party intends to present at trial Protected Documents or information derived therefrom,

9

such party shall provide advance notice to the other parties at least five (5) days before the

10

commencement of trial by identifying the documents or information at issue as specifically as

11

possible (i.e., by Bates number, page range, deposition transcript lines, etc.). The Court may thereafter

12

make such orders as are necessary to govern the use of such documents or information at trial.

13

9.

Declassification. Any “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”

14

or “Protected Document. Document Subject to Protective Order” designation is subject to challenge

15

by any party or nonparty with standing to object (hereafter “party”). Before filing any motions or

16

objections to a confidentiality designation with the Court, the objecting party shall have an obligation

17

to meet and confer in a good faith effort to resolve the objection by agreement. If agreement is

18

reached confirming or waiving the “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or

19

“Protected Document. Document Subject to Protective Order” designation as to any documents

20

subject to the objection, the designating party shall serve on all parties a notice specifying the

21

documents and the nature of the agreement. If agreement is not reached, the objecting party may

22

request from this Court a ruling that a Document or deposition transcript is not entitled to continued

23

protection under this Protective Order.

24

10.

Subpoena by Other Courts or Agencies. If another court or an administrative agency

25

subpoenas or orders production of Protected Documents which a party has obtained under the terms

26

of this Protective Order, the party shall promptly notify the producing party’s counsel of such

27

subpoena or order. Protected Documents shall not be produced by the party until the producing

28

party’s counsel has been notified of such subpoena or order and has had a reasonable opportunity to
7
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

protect the producing party’s interest by objecting to the subpoena or order.

2

11.

Client Consultation. Nothing in this Protective Order shall prevent or otherwise

3 restrict counsel from rendering advice to, or consulting with, their clients. All parties and their
4 counsel, however, are bound by the terms of this Protective Order.
5

12.

Use. Protected Documents and any information contained therein may be used for the

6 preparation and trial, appeal, or retrial of the above-styled action. In addition, Protected Documents
7 with a “DUR” Bates stamp prefix may be used in other Duragesic® Fentanyl Transdermal System
8 cases in which Heygood, Orr & Pearson is lead trial counsel so long as this Protective Order or
9 similar Stipulated Protective Order is entered in those cases and Heygood, Orr & Pearson gives
10 Tucker, Ellis & West LLP written notice of the documents it intends to use. Additionally, Janssen
11 agrees that it will not be a violation of any Protective Order for Heygood, Orr & Pearson to use such
12 Protected Documents produced in other Duragesic® Fentanyl Transdermal System cases against
13 ALZA and/or Janssen Defendants where Heygood, Orr & Pearson was or is lead counsel in the
14 preparation and trial, appeal, or retrial of this action or any other Duragesic® Fentanyl Transdermal
15 System cases against ALZA and/or Janssen Defendants where Heygood, Orr & Pearson is lead
16 counsel.
17

Further, Protected Documents produced pursuant to the Global Discovery Agreement between

18 Heygood, Orr & Pearson and Mylan with a “MYLAN” Bates stamp prefix may be used in other
19 Mylan Fentanyl Transdermal System® cases in which Heygood, Orr & Pearson is lead trial counsel,
20 pursuant to the Global Discovery Agreement between Mylan and Heygood, Orr & Pearson, with the
21 exception of documents that are expressly produced for single cases only, so long as this Protective
22 Order or similar Stipulated Protective Order is entered in those cases and Heygood, Orr & Pearson
23 gives counsel for Mylan written notice of the documents it intends to use. Additionally, Mylan agrees
24 that it will not be a violation of any Protective Order for Heygood, Orr & Pearson to use such
25 Protected Documents produced in other Mylan Fentanyl Transdermal System® cases against Mylan
26 Defendants where Heygood, Orr & Pearson was or is lead counsel in the preparation and trial, appeal,
27 or retrial of this action or any other Mylan Fentanyl Transdermal System® cases against Mylan
28 Defendants where Heygood, Orr & Pearson is lead counsel.
8
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

13.

Non-Termination. Within 45 days after final conclusion of all aspects of all cases that

2

Heygood, Orr & Pearson are handling against Mylan and/or Janssen, the Protected Documents and all

3

copies of same (other than exhibits of record) shall be returned to counsel for Mylan and/or Janssen or

4

be destroyed.

5

provided to and/or reviewed by any consultants and/or experts retained by any party.

6

summaries, memos, computer data bases, and other information compilations from the Protected

7

Documents shall also be destroyed. All counsel of record shall make certification of compliance

8

herewith and shall deliver the same to counsel for Mylan and/or Janssen not more than 60 days after

9

final termination of this litigation.

10

14.

This includes Protected Documents produced by Product Defendants that were
Notes,

Continuing Jurisdiction. The provisions of this Protective Order shall remain in full

11

force and effect and each person subject to this Order shall continue to be subject to the jurisdiction of

12

this Court, for the purposes of this Order, in perpetuity, and the Court shall not be divested of

13

jurisdiction of any person or of the subject matter of this Order by the occurrence of conclusion of this

14

case, or by the filing of a notice of appeal, or other pleading which would have the effect of divesting

15

this Court of jurisdiction of this matter generally.

16

15.

Inadvertent Disclosure. Any inadvertent disclosure of confidential, proprietary, or

17 privileged material will not be construed as a waiver, in whole or in part, of (1) the Producing Party’s
18 claims of confidentiality or privilege either as to the specific information inadvertently or
19 unintentionally disclosed or more generally as to the subject matter of the information disclosed, or
20 (2) the party’s right to designate the material as confidential pursuant to this Order. A written
21 representation by counsel for the Producing Party that the disclosure was inadvertent shall be deemed
22 prima facie evidence of that fact. The Producing Party shall promptly notify the other party of an
23 inadvertent disclosure following discovery of the inadvertent production, and that other party (i) shall
24 in the case of a privileged document, return the inadvertently disclosed document forthwith, as well as
25 any and all copies; or (ii) in the case of a confidential, proprietary document, shall mark it and all
26 copies, “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” and/or “Protected Document.
27 Document Subject to Protective Order.” In the event that the other party cannot comply with these
28 requirements – because, for example, the inadvertently produced document has been given to a third
9
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

party – the other party shall provide the Producing Party with the name, address, and telephone

2

number of such person(s) as well as the date of and reason for the transmission of the document.

3
4

Date: September 27, 2011

DREYER BABICH BUCCOLA WOOD, LLP

5
6

By: /s/ Craig Sheffer (as authorized on 9/27/11)
Craig C. Sheffer, Esq.
Robert A. Buccola, Esq.
Steven Campora, Esq.
Attorneys for Plaintiffs MISTY SHAW,
JAMES SHAW, and LUCILLE SHAW

7
8
9
10

Date: September 27, 2011

HEYGOOD, ORR & PEARSON

11
12

By: /s/ Michael Heygood (as authorized on 9/27/11)
Michael Heygood, Esq.
James Craig Orr, Jr., Esq.
Charles W. Miller, Esq.
Eric Pearson, Esq.
Attorneys for Plaintiffs MISTY SHAW,
JAMES SHAW, and LUCILLE SHAW

13
14
15
16

Date: September 27, 2011

TUCKER ELLIS & WEST LLP

17
18
19

By: /s/ William H. Dance(as authorized on 9/27/11)
William H. Dance, Esq.
Attorney for Defendant JANSSEN
PHARMACEUTICALS, INC.

20
21
22
23
24
25
26
27
28

10
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

Date: September 27, 2011

DOWNEY BRAND LLP

2
3
By:

4
5
6
7
8
9

Date: September 27, 2011

/s/ Meghan M. Baker
Meghan M. Baker, Esq.
Jennifer Randlett Madden, Esq.
Attorneys for Defendants MYLAN
INC., MYLAN
PHARMACEUTICALS INC. and
MYLAN TECHNOLOGIES INC.

PIETRAGALLO GORDON ALFANO BOSICK
& RASPANTI, LLP

10
11
By: /s/ Clem C. Trischler (as authorized on 9/27/11)
Clem C. Trischler, Esq.
Attorney for Defendants MYLAN
INC., MYLAN
PHARMACEUTICALS INC. and
MYLAN TECHNOLOGIES INC.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

11
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1
ORDER
2
IT IS SO ORDERED.
3
4

9/28/2011
DATE

/S/ JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12
STIPULATED PROTECTIVE ORDER
1190443

PDF created with pdfFactory trial version www.pdffactory.com

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
4

MISTY SHAW, JAMES SHAW, and
LUCILLE SHAW,

v.

6
7
8
9

CONFIDENTIALITY AGREEMENT

Plaintiffs,

5

Case No.: 2:11-cv-00189-JAM-CMK

MYLAN, INC., MYLAN
PHARMACEUTICALS, INC., MYLAN
TECHNOLOGIES, INC., ALZA
CORPORATION, JANSSEN
PHARMACEUTICALS, and DOES 1-100

10

Judge: Honorable John A. Mendez

Defendants.

11
12
13

The undersigned, having read and understood the Stipulated Protective Order governing the

14

restricted use of Protected Documents of Product Defendants identified and marked as

15

“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” and/or “Protected Document.

16

Document Subject to Protective Order,” and any information derived therefrom, hereby agrees to be

17

bound by the terms thereof; understands that any disclosure of the Protected Documents or any

18

information derived therefrom constitutes contempt of Court; and agrees to submit to the personal

19

jurisdiction of this Court to enforce the Protective Order against the undersigned.

20

Date:

21

By:
Name:

22

Title:

23
24
25
26
27
28

1190
443.
1

CONFIDENTIALITY AGREEMENT
1978440

PDF created with pdfFactory trial version www.pdffactory.com

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
4

MISTY SHAW, JAMES SHAW, and
LUCILLE SHAW,

9

WITNESS

v.

6

8

AFFIDAVIT OF CONSULTANT/EXPERT

Plaintiffs,

5

7

Case No.: 2:11-cv-00189-JAM-CMK

MYLAN, INC., MYLAN
PHARMACEUTICALS, INC., MYLAN
TECHNOLOGIES, INC., ALZA
CORPORATION, JANSSEN
PHARMACEUTICALS, and DOES 1-100

10

Judge: Honorable John A. Mendez

Defendants.

11
12
13

I, __________________________, declare and state the following:

14

1.

I am over eighteen (18) years of age and am in all respects competent to execute this

15

Affidavit. The facts stated hereunder are true, known to me of my own personal knowledge, and if

16

called as a witness, I could and would competently testify thereto.

17
18

2.

My business address is

telephone number is _______

19

3.

20

__________ _________

and my

.

I have read and understand the Stipulated Protective Order entered by the Court on
, 20___.

21

4.

I have been requested to review confidential/proprietary documents regarding a lawsuit

22

pending in the United States District Court for the Eastern District of California against Janssen

23

Pharmaceuticals, Inc. (“Janssen”) and Mylan Inc., Mylan Pharmaceuticals Inc., Mylan Technologies

24

Inc. (collectively “Mylan”) and/or certain other persons, firms, corporations or entities, involving the

25

product(s) known as Duragesic® and/or Mylan Fentanyl Transdermal System®.

26
27
28

5.

I do not believe I am presently engaged as a Competitor (as defined in paragraph 4 of

the Stipulated Protective Order) of and/or an agent, employee, consultant or person otherwise actively
1190
443.
1

AFFIDAVIT A
1978440

PDF created with pdfFactory trial version www.pdffactory.com

1

affiliated with a Competitor of Janssen, and/or Mylan.

2

6.

I understand that I may be receiving confidential information as described in the

3

Stipulated Protective Order. By execution of this Affidavit, I agree to be bound by all provisions of

4

the Order. I agree not to disclose confidential information as described in the Stipulated Protective

5

Order to any person not entitled to receive it and agree not to use such information except in

6

connection with this litigation.

7

7.

I am informed and understand, and therefore acknowledge, that I may be subject to

8

contempt of court or any other penalties authorized by law or statute if I fail to comply with each of

9

the provisions of the Order.

10

8.

I consent to and accept, generally and unconditionally, the jurisdiction of the United

11

States District Court for the Eastern District of California for the enforcement of the provisions of the

12

Order.

13

I declare under penalty of perjury under the laws of the State of California that the foregoing is

14

true and correct and that this Affidavit was executed on the ____ day of ___________________, at

15

________________________.

16
17
(Signature)

18
19
20
21
22
23
24
25
26
27
28

1190
443.
1

2
AFFIDAVIT A

1978440

PDF created with pdfFactory trial version www.pdffactory.com

1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF CALIFORNIA

3
4

MISTY SHAW, JAMES SHAW, and
LUCILLE SHAW,

v.

6
7
8
9

AFFIDAVIT OF COUNSEL

Plaintiffs,

5

Case No.: 2:11-cv-00189-JAM-CMK

MYLAN, INC., MYLAN
PHARMACEUTICALS, INC., MYLAN
TECHNOLOGIES, INC., ALZA
CORPORATION, JANSSEN
PHARMACEUTICALS, and DOES 1-100

10

Judge: Honorable John A. Mendez

Defendants.

11
12
I, __________________________, declare and state the following:

13

1.

14
15
16

Affidavit. The facts stated hereunder are true, known to me of my own personal knowledge, and if
called as a witness, I could and would competently testify thereto.
2.

17
18
19
20
21

24
25
26

I am counsel of record for Plaintiffs Misty Shaw, James Shaw, and Lucille Shaw in a

lawsuit currently pending against Janssen Pharmaceuticals, Inc. (“Janssen”) and Mylan Inc., Mylan
Pharmaceuticals Inc., and Mylan Technologies Inc. (collectively “Mylan”) and/or certain other
persons, firms, corporations or entities, involving the product(s) known as Duragesic® and/or Mylan
Fentanyl Transdermal System®.
3.

22
23

I am over eighteen (18) years of age and am in all respects competent to execute this

Pursuant to Paragraph 4 of the Stipulated Protective Order, after reasonable inquiry and

consultation with ___________________, it is my opinion that he/she is not presently engaged as a
Competitor (as defined in paragraph 4 of the Stipulated Protective Order) of and/or an agent,
employee, consultant or person otherwise actively affiliated with a Competitor of Janssen, and/or
Mylan.

27
28

1190
443.
1

AFFIDAVIT B
1978440

PDF created with pdfFactory trial version www.pdffactory.com

1

I declare under penalty of perjury under the laws of the State of California that the foregoing is

2

true and correct and that this Affidavit was executed on the ____ day of _______________, at

3

________________________.

4
5
(Signature)

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1190
443.
1

2
AFFIDAVIT B

1978440

PDF created with pdfFactory trial version www.pdffactory.com

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1190
443.
1

1978440

PDF created with pdfFactory trial version www.pdffactory.com