Wendell et al v. Johnson & Johnson et al

Filing 358

ORDER by Judge Claudia Wilken Granting 357 Stipulated Confidentiality Order. (ndr, COURT STAFF) (Filed on 5/13/2014)

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James Maxwell Cooper (SBN 274054)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, California 94104-1501
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
ABBOTT LABORATORIES

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Kevin Haverty (admitted pro hac vice)
[e-mail]
WILLIAMS CUKER BEREZOFSKY, LLC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Telephone: [phone]
Facsimile:
[phone]

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Attorney for Plaintiffs
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(Additional counsel listed on signature page)
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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STEPHEN WENDELL AND LISA WENDELL,
for themselves and as successors in interest to
MAXX WENDELL, DECEASED,

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Case No: 4:09-cv-04124-CW
STIPULATED CONFIDENTIALITY
ORDER

Plaintiffs,
v.
JOHNSON & JOHNSON;
CENTOCOR, INC.;
ABBOTT LABORATORIES;
SMITHKLINE BEECHAM
d/b/a GLAXOSMITHKLINE;
TEVA PHARMACEUTICALS USA;
GATE PHARMACEUTICALS,
a division of TEVA PHARMACEUTICALS USA;
PAR PHARMACEUTICAL, INC.;
Defendants.

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STIPULATED CONFIDENTIALITY ORDER

Case No: 4:09-cv-04-124-CW

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After good-faith negotiations, including mediation, the Plaintiffs in the above-captioned case,

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Defendant Abbott Laboratories, and AbbVie, Inc. have agreed to settle the above-captioned case in a

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Settlement Agreement.

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consideration, the parties have agreed that the amount of their settlement (the “Settlement Payment” as

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defined in the Settlement Agreement) and other terms and conditions of their Settlement Agreement

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should remain confidential. Maintaining the confidentiality of the Settlement Payment and other terms

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and conditions of the Settlement Agreement also serves the interests of judicial administration, including

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the efficient resolution of the claims in this case.

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As material conditions of the Settlement Agreement, and for adequate

Based on the foregoing, it is hereby stipulated that:
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The Parties (as defined in the Settlement Agreement) and their counsel shall keep

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confidential and not disclose to any person (other than the Parties, and, only as reasonably necessary,

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their respective counsel, ethics consultants, Medicare compliance consultants, insurance carriers

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(including but not limited to Medicare and Medicaid), accountants, tax advisors, and financial advisors;

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the Court and Court employees presiding over these cases; the mediator in this case; and, to the extent

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necessary to obtain a good faith order from the Court, any non-settling co-defendants in the Litigation)

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the terms and conditions of the Settlement Agreement, including but not limited to the Settlement

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Payment, and/or any of the negotiations and discussions that preceded their making, unless otherwise

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specifically directed by subpoena or court order.

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2.

This Confidentiality Order shall be attached to the Settlement Agreement.

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3.

Any communication of the terms and conditions of the Settlement Agreement, including

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but not limited to the Settlement Payment, to any person or entity other than a Party and/or their counsel

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shall be accompanied by a copy of this Confidentiality Order, and this Confidentiality Order shall be

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binding on that person or entity. Such persons or entities shall keep confidential and shall not further

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disclose the terms and conditions of the Settlement Agreements, including but not limited to the

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Settlement Payment, to any other person or entity.

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4.

In the event any Party, their counsel, or any other person or entity who has learned the

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terms and conditions of the Settlement Agreement, including but not limited to the Settlement Payment,

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is served with a subpoena or order that would call for the disclosure of the terms or conditions of the
STIPULATED CONFIDENTIALITY ORDER

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Case No: 4:09-cv-04-124-CW

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Settlement Agreement, including but not limited to the Settlement Payment, such person or entity (or its

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counsel) shall give prompt notice to each other Party (or its respective counsel), and shall oppose

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disclosure until such time as the other Parties can be heard or agree to such disclosure.

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5.

If any Party, their counsel, or any other person or entity who has learned the terms and

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conditions of the Settlement Agreement, including but not limited to the Settlement Payment, believes

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that he/she is required by law, court order, or subpoena to disclose any terms or conditions of the

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Settlement Agreement, including but not limited to the Settlement Payment, such person or entity (or its

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counsel) shall give notice to each other Party (or its respective counsel) prior to such disclosure and, at a

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minimum, request that the terms and conditions of the Settlement Agreement, including but not limited

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to the Settlement Payment, be submitted to any court under seal or disclosed to any person subject to the

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Confidentiality Order.

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6.

Any documents filed with the Court or any other court that reference the terms and

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conditions of the Settlement Agreement, including but not limited to the Settlement Payment, shall be

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filed under seal and marked as “Filed Under Seal Subject to Court’s Confidentiality Order.”

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This Confidentiality Order shall be binding on the Parties, their counsel, and any persons

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or entities who learn the terms and conditions of the Settlement Agreement, including but not limited to

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the Settlement Payment.

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8.

This Court retains jurisdiction over any disputes related to the confidentiality of the terms

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and conditions of the Settlement Agreement, including but not limited to the Settlement Payment. Such

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disputes include but are not limited to any alleged violations of this Confidentiality Order or the

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confidentiality provisions of the Settlement Agreement.

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STIPULATED CONFIDENTIALITY ORDER

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Case No: 4:09-cv-04-124-CW

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DATED: May 12, 2014

Respectfully submitted,

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/s/ James Maxwell Cooper
James Maxwell Cooper
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

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Michael P. Foradas (pro hac vice)
[e-mail]
Renee D. Smith (pro hac vice)
[e-mail]
Brenton A. Rogers (pro hac vice)
[e-mail]
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654
Telephone:
[phone]
Facsimile:
[phone]

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Counsel for Defendant Abbott Laboratories

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DATED: May 12, 2014

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/s/ Kevin Haverty
__________________
Kevin Haverty (pro hac vice) 1
[e-mail]
WILLIAMS CUKER BEREZOFSKY, LLC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Tel: [phone]
Fax: [phone]

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Counsel for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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May 13
DATED: ________________, 2014

CLAUDIA WILKEN
United States District Judge

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I, James Maxwell Cooper, hereby attest, pursuant to Local Rule 5-1(i), that concurrence in the filing of this document
has been obtained from the other signatory.

STIPULATED CONFIDENTIALITY ORDER

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Case No: 4:09-cv-04-124-CW

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that all counsel of record who have consented to electronic

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service are being served with a copy of the attached STIPULATED CONFIDENTIALITY ORDER

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via the CM/ECF system on May 12, 2014.

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DATED: May 12, 2014

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By: /s/ James Maxwell Cooper

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James Maxwell Cooper
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, CA 94104-1501
Telephone:
[phone]
Facsimile:
[phone]

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Counsel for Abbott Laboratories

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CERTIFICATE OF SERVICE

Case No: 4:09-cv-04-124-CW