Corcoran et al v. CVS Health Corporation

Filing 253

ORDER by Judge Yvonne Gonzalez Rogers granting in part 208 Administrative Motion to File Under Seal Materials Designated as Confidential. (fs, COURT STAFF) (Filed on 3/21/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 CHRISTOPHER CORCORAN, et al., No. 15-CV-03504-YGR 5 Plaintiffs, 6 [PROPOSED] ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS DESIGNATED AS CONFIDENTIAL [DKT. NO. 208] v. 7 CVS PHARMACY, INC., 8 Defendant. 9 10 11 Plaintiffs filed an Administrative Motion to File Under Seal Materials Designated as 12 Confidential (“Motion to Seal”) in the above-captioned action on December 22, 2016 pursuant to 13 Local Rules 7-11 and 79-5. See Dkt. No. 208. 14 The Court, having considered Plaintiffs’ Motion to Seal, all papers and evidence 15 submitted in support, the pertinent pleadings, and the applicable law, and finding compelling 16 reasons and good cause therefore, hereby GRANTS IN PART the Motion to Seal. It is 17 ORDERED that the following materials are to be filed under seal pursuant to Civil Local Rule 18 79-5(b) and (e): Plaintiffs’ Hay Opposition & Exhibits Thereto 19 20 Document or Portion of Document Evidence Offered in Support of 21 Sought to Be Sealed Sealing 22 Ex. 3 (Three Letters between Counsel Moffatt Omnibus Declaration (Feb. 23 for CVS and Counsel for Plaintiffs and 15, 2017) (“Moffatt Omnibus 24 Attachments) Declaration”) ¶ 33 25 Ex. 5 (Plaintiff Corcoran’s Moffatt Omnibus Declaration ¶ 26 prescription records) 34(a) 27 Ex. 6 (a letter from counsel for CVS to Moffatt Omnibus Declaration ¶ 28 -1- Order GRANT GRANT GRANT [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL DKT. NO. 208, NO. 15-CV-03504-YGR 1 Plaintiffs’ counsel (Sept. 30, 2016)) 34(b) Ex. 7 (Declaration of Dr. Joel Hay Moffatt Omnibus Declaration ¶¶ (Oct. 3, 2016)) at paragraphs 2, 9, 10, 35(a–c) 2 3 4 5 6 7 8 9 12, 13, 27, 28, 31–34, 38, 40–43, 50, 52–55; Footnotes 10 and 14; Subheadings “IV.A.i.–iii,” “IV.D.,” GRANTS with regard to ¶¶ 31–34, 38, 40–43; 52– 55; footnotes 10 and 14; Tables 1–17; DENIES as to all others and “IV.E.”; and Tables 1–17 Ex. 9 (a letter from counsel for CVS to Moffatt Omnibus Declaration ¶ 10 Plaintiffs’ counsel (Oct. 27, 2016)) 11 Ex. 10 (Supplemental Declaration of Dr. Moffatt Omnibus Declaration ¶ 12 Joel Hay (Nov. 7, 2016)) at paragraphs 13 1, 3, 4, 6, 9, 10, 12–14; Footnote 3; 14 Subheading “B.”; and Tables 1–13 15 Ex. 11 (Expert Report of Dr. Joel Hay Moffatt Omnibus Declaration ¶ 16 (Dec. 9, 2016)) at paragraphs 2, 9, 11– 37(a–d) 17 14, 15–17, 27–29, 32–53, 55–68, 71– 18 74, and 76–78; Footnotes 9, 11, 15, 16, 19 17, 19, 27; Subheadings “IV.A.i.–iii,” 20 “IV.C.,” “IV.E.,” and “IV.F.–IV.F.ii.”; 21 Tables 1–20; and Exhibits D–G GRANT 34(c) GRANT 36(a–c) GRANTS with regard to ¶¶ 32–35; 39; 40–53; 62– 68; 71–74; Footnotes 9, 11, 15, 16, 17, 19, 27; Tables 1–20; and Exhibits D– G; and DENIES as to all others 22 23 24 25 Dated: ______________ March 21, 2017 ______________________ Hon. Yvonne Gonzalez Rogers United States District Court 26 27 28 -2- [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL DKT. NO. 208, NO. 15-CV-03504-YGR

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