Germano v. Aimmune Therapeutics, Inc. et al

Filing 222

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED IN CONNECTION WITH COLEAD PLAINTIFFS DAUBERT MOTION TO LIMIT TESTIMONY OF PAUL A. GOMPERS; DIRECTIONS TO PLAINTIFFS. Signed by Judge Maxine M. Chesney on September 26, 2024. (mmclc3, COURT STAFF) (Filed on 9/26/2024)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 IN RE AIMMUNE THERAPEUTICS, INC. SECURITIES LITIGATION 9 10 United States District Court Northern District of California 11 12 13 Case No. 20-cv-06733-MMC ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE SEALED IN CONNECTION WITH COLEAD PLAINTIFFS’ DAUBERT MOTION TO LIMIT TESTIMONY OF PAUL A. GOMPERS; DIRECTIONS TO PLAINTIFFS Before the Court is plaintiffs’ “Administrative Motion to Consider Whether Another 14 15 Party’s Material Should Be Sealed,” filed June 14, 2024 (Doc. No. 155 (“Administrative 16 Motion”)), whereby plaintiffs seek to file under seal the following materials, which, 17 plaintiffs state, have been designated as confidential by defendants: (1) portions of “Co- 18 Lead Plaintiffs’ Daubert Motion to Limit Testimony of Paul A. Gompers” (Doc. No. 158); 19 and (2) exhibits attached to the “Declaration of Juan E. Monteverde in Support of Co- 20 Lead Plaintiffs’ Daubert Motion to Limit Testimony of Paul A. Gompers” (Doc. No. 159 21 ("Monteverde Declaration")). In response to the Administrative Motion, defendants have 22 filed a Declaration in support of sealing. (See Declaration of Barbara Sanchez (Doc. No. 23 180).) 24 25 26 27 28 The Court having read and considered the above-referenced submissions, the Administrative Motion is hereby GRANTED in part and DENIED in part as follows: 1. To the extent the Administrative Motion seeks leave to file under seal portions of “Co-Lead Plaintiffs’ Daubert Motion to Limit Testimony of Paul A. Gompers” the 1 2  page 2, line 20 3  page 5, lines 22-25 4  page 14, n.3. 5 In all other respects, the Administrative Motion is DENIED, the designating parties 6 7 not having sought to have other portions sealed. 2. To the extent the Administrative Motion seeks leave to file under seal the 8 deposition transcript of Jayson Dallas (December 12, 2023) (Monteverde. Decl. 9 Attachment 1, Doc. No. 159-1), the administrative motion is GRANTED as to the 10 United States District Court Northern District of California Administrative Motion is GRANTED as to:1 following page and line numbers: 11  19:8 12  19:11-12 13  28:23. 14 In all other respects, the Administrative Motion is DENIED, the designating parties 15 16 not having sought to have other portions sealed. 3. To the extent the Administrative Motion seeks leave to file under seal the 17 deposition transcript of Paul Gompers (May 7, 2024) (Monteverde Decl. Attachment 2, 18 Doc. No. 159-2), the administrative motion is GRANTED as to the following page and line 19 numbers: 20  78:20 21  78:23-24 22  79:6-8. 23 In all other respects, the Administrative Motion is DENIED, the designating parties 24 25 not having sought to have other portions sealed. 4. To the extent the Administrative Motion seeks leave to file under seal the 26 27 28 1 The below-listed three pages/line numbers correspond to the text highlighted in gray in Attachment 1 to the Administrative Motion. (See Doc. No. 155-1.) 2 United States District Court Northern District of California 1 deposition transcript of Andrew Oxtoby (December 20, 2023) (Monteverde. Decl. 2 Attachment 3, Doc. No. 159-3), the administrative motion is GRANTED as to the 3 following page and line numbers: 4  9:17-18 5  9:21 6  9:24 7  92:21-25 8  152:3-6 9  259:9-16 10  264:24 11  265:5 12  265:10 13  265:12-13 14  265:15-18 15  265:22-24 16  266:7-8 17  266:19-23 18  267:5-6 19  267:9 20  269:7-11 21  270:16. 22 In all other respects, the Administrative Motion is DENIED, the designating parties 23 not having sought to have other portions sealed. 24 5. To the extent the Administrative Motion seeks leave to file under seal the Expert 25 Report of William Jeffers dated February 23, 2024 (Monteverde Decl. Exhibit K, Doc. No. 26 159-4), the administrative motion is GRANTED as to the following: 27  page 19, paras. 74 and 75 28  page 20-22, paras. 78-84 3 1  page 26, para. 99 2  page 26, para. 100 3  page 44, para. 164 4  page 45, para. 165. 5 In all other respects, the Administrative Motion is DENIED, the designating parties 6 United States District Court Northern District of California 7 not having sought to have other portions sealed. 6. To the extent the Administrative Motion seeks leave to file under seal Exhibit 95 to 8 the Monteverde Declaration, Bates stamped Aimmune-0061724-28 (Doc. No. 159-10), 9 the Administrative Motion is GRANTED. 10 7. To the extent the Administrative Motion seeks leave to file under seal the Expert 11 Report of Paul A. Gompers dated April 12, 2024 (Monteverde Decl. Ex. 132, Doc. No. 12 159-12), the administrative motion is GRANTED as to the following: 13  pages 48-49, paras. 92-94 14  page 49, n.220 15  page 49, n.222 16  page 49, n.223 17  pages 49-50, para. 96 18  page 50, n.224 19  page 50, n.225 20  page 50, n.226 21  page 51-52, paras. 101 22  page 51-52, n.235. 23 In all other respects, the Administrative Motion is DENIED, the designating parties 24 25 not having sought to have other portions sealed. To the extent the Administrative Motion seeks leave to file under seal Exhibits 12, 26 13, 16, 18, 55, and 96 to the Monteverde Declaration, the Administrative Motion is 27 DENIED, the designating parties not having sought to have those exhibits sealed. 28 Plaintiffs are hereby DIRECTED to file in the public record, no later than fourteen 4 1 2 days from the date of this order: a. revised redacted versions of: 3 i. 4 5 Gompers”; ii. 6 7 10 United States District Court Northern District of California 11 the deposition transcript of Jayson Dallas, Paul Gompers, and Andrew Oxtoby; iii. 8 9 “Co-Lead Plaintiffs’ Daubert Motion to Limit Testimony of Paul A. the Expert Report of William Jeffers and the Expert Report of Paul A. Gompers. b. unredacted versions of Exhibits 12, 13, 16, 18, 55, and 96 to the Monteverde Declaration. IT IS SO ORDERED. 12 13 Dated: September 26, 2024 MAXINE M. CHESNEY United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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