Melgar v. Zicam LLC, et al

Filing 44

ORDER TO SEAL DOCUMENTS IN SUPPORT OF CLASS CERTIFICATION signed by Chief Judge Morrison C. England, Jr on 6/18/15. (Mena-Sanchez, L)

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BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
Julia A. Luster (State Bar No. 295031)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Interim Class Counsel

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YESENIA MELGAR, on Behalf of Herself and
all Others Similarly Situated,
Plaintiff,

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v.

Case No. 2:14-cv-00160-MCE-AC
Hon. Morrison C. England, Jr.
PLAINTIFF’S NOTICE OF REQUEST
AND REQUEST TO SEAL
DOCUMENTS IN SUPPORT OF CLASS
CERTIFICATION AND ORDER

ZICAM LLC and MATRIXX INITIATIVES,
INC.
Defendants.

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
IN SUPPORT OF CLASS CERTIFICATION AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT Plaintiff Yesenia Melgar (“Plaintiff”) files this request
pursuant to Local Rule 141 for leave to file certain confidential documents under seal in
conjunction with Plaintiff’s Reply in Support of Motion for Class Certification. The documents
that incorporate confidential information are:
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Plaintiff’s Reply in Support of Motion for Class Certification at 2:11-12; 3:7; 3:9-18; 3:2022; 4:4; 4:12-16; and 4:21-24;

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Portions of Paragraphs 6, 7, 8, 9, 10, and 11 of the Declaration of L. Timothy Fisher in
Support of Plaintiff’s Reply in Support of Motion for Class Certification;

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The 4/17/2015 Deposition of R. Barker Bausell, Exhibit 2, at 614:1-615:25; 617:16-20.

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The 5/12/2015 Deposition of Noel Rose, M.D., Ph.D., Exhibit 3, at 621:12-14; 622:1-3;
622:10-25; 623:18-25;

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4/1/2015 Deposition of Susan Potts, Exhibit 4, at 628:1-634:19; 635:2-653:21; 654:1-664:9;

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Exhibits 5, 6, 7, 8, 9, and 10 to the L. Timothy Fisher in Support of Plaintiff’s Reply in
Support of Motion for Class Certification; and

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The Rebuttal Declaration of Elizabeth Howlett, Ph.D. in Support of Plaintiff’s Motion for
Class Certification at 7:26-8:6; 8:9-13; 8:22-9:10; 9:17-18; 10:4-6; 10:27-11:1; 11:7; 11:11;
11:20; 11:23-26; 12:18-19; 12:24; and 12:25-27.
The above documents contain information designated by Defendant as “Confidential”

pursuant to the parties’ Agreement for the Discovery of Confidential Information (“Confidentiality
Agreement”). The Confidentiality Agreement is attached hereto as Exhibit A. The information is
“Confidential Discovery Material” pursuant to Section 1(c) of the Confidentiality Agreement
because it is “confidential research, development, or commercial information, within the meaning
of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure” and/or proprietary information that is
not generally available to or accessible by the general public. See Confidentiality Agreement, Exh.
A at 2. For this reason, Plaintiffs request that the above-listed documents and portions thereof be

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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filed under seal. Defendants Matrixx Initiatives, Inc. and Zicam LLC shall have access to the
confidential documents.
Plaintiff has submitted this Notice of Request, Request to Seal Documents in Support of
Plaintiff’s Reply in Support of Class Certification, the [Proposed] Order, and the documents
themselves via electronic mail to the Court. The email has been set to Judge England’s proposed
orders email box, with the email subject line including the case number and the statement:
“Request to Seal Documents.” Further, this Notice of Request, Request to Seal Documents in
Support of Plaintiff’s Reply in Support of Class Certification, and [Proposed] Order have been
served on all parties via electronic mail.

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Dated: June 10, 2015

Respectfully submitted,

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BURSOR & FISHER, P.A.
By: /s/ Annick M. Persinger
Annick M. Persinger

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L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
Julia A. Luster (State Bar No. 295031)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Interim Class Counsel

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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ORDER

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Having considered Plaintiff’s Request to Seal Documents and the documents labeled
“Confidential” pursuant to the parties’ Agreement for the Discovery of Confidential Information,
the Court GRANTS Plaintiff’s Request to Seal Documents (ECF No. 40) and finds and orders that
the following documents at issue shall be filed under seal:
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Plaintiff’s Reply in Support of Motion for Class Certification at 2:11-12; 3:7; 3:9-18; 3:2022; 4:4; 4:12-16; and 4:21-24;

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Portions of Paragraphs 6, 7, 8, 9, 10, and 11 of the Declaration of L. Timothy Fisher in
Support of Plaintiff’s Reply in Support of Motion for Class Certification;

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The 4/17/2015 Deposition of R. Barker Bausell, Exhibit 2, at 614:1-615:25; 617:16-20.

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The 5/12/2015 Deposition of Noel Rose, M.D., Ph.D., Exhibit 3, at 621:12-14; 622:1-3;
622:10-25; 623:18-25;

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4/1/2015 Deposition of Susan Potts, Exhibit 4, at 628:1-634:19; 635:2-653:21; 654:1-664:9;

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Exhibits 5, 6, 7, 8, 9, and 10 to the L. Timothy Fisher in Support of Plaintiff’s Reply in
Support of Motion for Class Certification; and

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The Rebuttal Declaration of Elizabeth Howlett, Ph.D. in Support of Plaintiff’s Motion for
Class Certification at 7:26-8:6; 8:9-13; 8:22-9:10; 9:17-18; 10:4-6; 10:27-11:1; 11:7; 11:11;
11:20; 11:23-26; 12:18-19; 12:24; and 12:25-27.
IT IS SO ORDERED.

Dated: June 18, 2015

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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