Medimmune, LLC v. PDL Biopharma, Inc.

Filing 609

ORDER re 560 defendant's motion to seal. Signed by Magistrate Judge Howard R. Lloyd on 7/6/2010. (hrllc2, COURT STAFF) (Filed on 7/6/2010)

Medimmune, LLC v. PDL Biopharma, Inc.

Doc. 609

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MEDIMMUNE, LLC, v. Plaintiff, No. C08-05590 JF (HRL) INTERIM ORDER RE DEFENDANT'S MOTION TO SEAL [Re: Docket No. 560] / *E-FILED 07-06-2010*

United States District Court

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For the Northern District of California

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PDL BIOPHARMA, INC., Defendant.

Defendant PDL Biopharma, Inc. (PDL) moves to seal portions of (1) PDL's motion to compel discovery (Docket No. 563), (2) the supporting declaration of Raymond LaMagna, and (3) Exhibits A, D, and I-L of the LaMagna Declaration (Docket No. 565). This court notes that Exhibit A, which both sides claim to be confidential, is subject to prior sealing orders. Nevertheless, as to the vast majority of the exhibits submitted for sealing, PDL says that sealing is warranted because the subject information has been designated for "Attorneys Eyes Only" by MedImmune. MedImmune, however, has not filed declaration(s) establishing that the information is sealable. Moreover, there is a suggestion in the papers before this court that at least some of the information submitted for sealing may be matters of public record. Although the information is now subject to being made part of the court's public record pursuant to Civil Local Rule 79-5(d), MedImmune will be given an additional opportunity to explain why sealing is required.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 Dated:

Accordingly, no later than July 9, 2010, MedImmune shall file declaration(s) from appropriate person(s) establishing that the subject documents (or portions thereof) are privileged or protectable as a trade secret or otherwise entitled to protection under the law. CIV. L. R. 79-5(a). SO ORDERED. July 6, 2010 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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5:08-cv-05590-JF Notice has been electronically mailed to: Aaron P. Maurer Aaron Y Huang [e-mail] [e-mail] [e-mail]

Dana Johannes Finberg David Isaac Berl

[e-mail] [e-mail], [e-mail] [e-mail]

David Isaac Gindler

Gerson Avery Zweifach Gregory Hull

[e-mail], [e-mail] [e-mail], [e-mail], [e-mail]

Jason George Sheasby , ESQ

United States District Court

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For the Northern District of California

Jeffrey E. Faucette [e-mail], [e-mail], [e-mail], [e-mail] Jessamyn Sheli Berniker Matthew Kevin Wisinski Paul B. Gaffney [e-mail] [e-mail], [e-mail]

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[e-mail] [e-mail]

Raymond Angelo LaMagna T. Ray Guy

[e-mail] [e-mail], [e-mail]

Vernon Michael Winters

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

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