Wendell et al v. Johnson & Johnson et al
Filing
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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)
max.cooper@kirkland.com
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, California 94104-1501
Telephone:
(415) 439-1400
Facsimile:
(415) 439-1500
Attorneys for Defendant
ABBOTT LABORATORIES
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Kevin Haverty (admitted pro hac vice)
khaverty@wcblegal.com
WILLIAMS CUKER BEREZOFSKY, LLC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Telephone: (856) 667-0500
Facsimile:
(856) 667-5133
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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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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
max.cooper@kirkland.com
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, CA 94104
Telephone:
(415) 439-1400
Facsimile:
(415) 439-1500
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Michael P. Foradas (pro hac vice)
michael.foradas@kirkland.com
Renee D. Smith (pro hac vice)
renee.smith@kirkland.com
Brenton A. Rogers (pro hac vice)
brenton.rogers@kirkland.com
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654
Telephone:
(312) 862-2000
Facsimile:
(312) 862-2200
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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
khaverty@wcblegal.com
WILLIAMS CUKER BEREZOFSKY, LLC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Tel: 856-667-0500
Fax: 856-667-5133
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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
max.cooper@kirkland.com
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, CA 94104-1501
Telephone:
(415) 439-1400
Facsimile:
(415) 439-1500
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Counsel for Abbott Laboratories
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CERTIFICATE OF SERVICE
Case No: 4:09-cv-04-124-CW
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