Medtronic, Inc. et al v. AGA Medical Corporation

Filing 272

ORDER GRANTING AGA'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS IN SUPPORT OF REPLY FOR MOTION FOR LEAVE TO AMEND ITS ANSWER UNDER SEAL. Signed by Judge Maxine M. Chesney on February 17, 2009. (mmclc2, COURT STAFF) (Filed on 2/17/2009)

1 STEVEN D. HEMMINGER (Bar No. 110665) 2 Two Palo Alto Square
ALSTON & BIRD LLP

3 3000 El Camino Real, Suite 400
Palo Alto, CA 94306-2112 4 Telephone: [phone] Facsimile: [phone] 5 [e-mail]

6 MICHAEL S. CONNOR (pro hac vice) 7 LANCE A. LAWSON (pro hac vice) 8 ALSTON & BIRD LLP
101 S. Tryon Street, Suite 4000 Telephone: [phone] [e-mail]

BRIAN F. McMAHON (Bar No. 235373)

9 Charlotte, NC 28280-4000 10 Facsimile: [phone] 11 [e-mail] 12

13 ALSTON & BIRD LLP
950 F Street, N.W.

MARISSA R. DUCCA (pro hac vice)

14 Washington, DC 2004-1404 15 Telephone: [phone] [e-mail] 17 Attorneys for Defendant 18 AGA MEDICAL CORPORATION 19 20
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No.: 3:07-cv-00567-MMC (EMC) [PROPOSED] ORDER GRANTING AGA'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS ISO REPLY FOR MOTION FOR LEAVE TO AMEND ITS ANSWER UNDER SEAL Date: Time: Dept.: Judge: Defendant.
[PROPOSED] ORDER GRANTING ADMIN. REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. 3:07-CV-00567-MMC (EMC)

Facsimile: [phone]

21 MEDTRONIC, INC., a Minnesota corporation,
MEDTRONIC USA INC., a Minnesota corporation, and MEDTRONIC VASCULAR, 23 INC., a Delaware corporation,

22

24 25 26
v.

Plaintiffs,

AGA MEDICAL CORPORATION, a 27 Minnesota corporation,

28

February 20, 2009 9:00 a.m. Courtroom 7, 19th Floor Maxine M. Chesney

1

The Court has received Defendant AGA Medical Corporation's Administrative Motion to

2 File Papers in Support of Its Reply ISO Its Motion for Leave to Amend Its Answer Under Seal, 3 filed February 6, 2009. Good cause appearing, the motion is 4 GRANTED. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
[PROPOSED] ORDER GRANTING ADMIN. REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. 3:07-CV-00567-MMC (EMC)

It is hereby ORDERED that the following documents be filed under seal: The unredacted version of in support of Portions of pages 1, 5, 6, 7, 8, 9, 10 and 12 of AGA's Reply ISO its Motion for Leave to Amend Its Answer and Counterclaims ("Reply"); Exhibit A to the Declaration of Steven D. Hemminger in Support of AGA's Reply in Support of Its Motion for Leave to Its Amend ("Hemminger Decl."), which contains excerpts from the Deposition of David Adams of December 9, 2008, which Plaintiffs designated as "Highly Confidential" pursuant to the protective order in this case; Exhibit D to the Hemminger Decl., which contains excerpts from the Deposition of Jonathan C. Morris of November 25, 2008, which Plaintiffs designated as "Highly Confidential" pursuant to the protective order in this case; Exhibit E to the Hemminger Decl., which is the Expert Report of Dr. Thomas Duerig Pursuant to Fed. R. Civ. P. 26(a)(2)(B), served on Medtronic on January 23, 2009, which Defendant designated as "Highly Confidential" pursuant to the protective order in this case. Exhibit G to the Hemminger Decl., which is the Expert Report of Dr. Kaushik Bhattacharya Pursuant to Fed. R. Civ. P. 26(a)(2)(B), served on Medtronic on January 23, 2009, which Defendant designated as "Highly Confidential" pursuant to the protective order in this case.

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

Exhibit H to the Hemminger Decl., which is Medtronic's Index of Privileged Documents of November 19, 2008, which Plaintiffs designated as "Confidential" pursuant to the protective order in this case;

Exhibit J to the Hemminger Decl., which contains excerpts from the Deposition of David Adams of February 3, 2009, which Plaintiffs designated as "Highly Confidential" pursuant to the protective order in this case;

Exhibit K to the Hemminger Decl., which Plaintiffs produced documents MAGA 243004, which Medtronic designated as "Confidential" pursuant to the protective order in this case; and

Exhibit L to the Hemminger Decl., which is the Expert Report of Dr. Valentina Imbeni Pursuant to Fed. R. Civ. P. 26(a)(2)(B), served on Medtronic on January 23, 2009, which Defendant designated as "Highly Confidential" pursuant to the protective order in this case.

IT IS HEREBY ORDERED that the above-listed documents shall be filed under seal. Dated: February _17 , 2009 __ The Honorable Maxine M. Chesney United States District Judge For the Northern District of California

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[PROPOSED] ORDER GRANTING ADMIN. REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. 3:07-CV-00567-MMC (EMC)