Medimmune, LLC v. PDL Biopharma, Inc.

Filing 624

STIPULATION AND ORDER re 620 Modifying 113 Protective Order. Signed by Magistrate Judge Howard R. Lloyd on 7/8/2010. (hrllc2, COURT STAFF) (Filed on 7/8/2010)

Medimmune, LLC v. PDL Biopharma, Inc.

Doc. 624

1 2 (Counsel Listed on Signature Page) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MEDIMMUNE, LLC, 17 Plaintiff, 18 v. 19 PDL BIOPHARMA, INC., 20 Defendant. 21 22 23 24 25 26 27 28

*E-FILED 07-08-2010*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. CV 08 5590 JF Action Filed: December 16, 2008 STIPULATION AND [PROPOSED] XXXXXXXX ORDER MODIFYING PROTECTIVE ORDER Honorable Howard R. Lloyd

STIPULATION AND [PROPOSED] ORDER MODIFYING PROTECTIVE ORDER: XXXXXXXXX CASE NO. CV-08-5590 (JF)
Dockets.Justia.com

1

A.

Whereas Defendant PDL BioPharma, Inc. ("PDL") has served certain requests for

2 production upon MedImmune, LLC ("MedImmune") that call for the production of documents 3 containing information covered by confidentiality agreements between MedImmune and certain 4 third parties; 5 B. Whereas MedImmune has provided notice of the requests and a copy of the

6 Protective Order (Docket No. 113) to the certain third parties; 7 C. Whereas certain third parties have objected to the production of documents

8 pursuant to the current version of the Protective Order because the Protective Order permits 9 employees within PDL to review even documents designated "HIGHLY CONFIDENTIAL -- 10 ATTORNEYS' EYES ONLY," see Section 7.3; 11 D. Whereas the Court has the authority to modify the protective order as requested, see

12 Brown Bag Software v. Symantec Corp., 960 F.2d 1365, 1370-71 (9th Cir. 1992); and 13 E. Whereas, in the interest of minimizing third-party motions practice, MedImmune

14 and PDL have agreed to accommodate the requests of the certain third parties; 15 16 IT IS HEREBY STIPULATED AND AGREED by and between MedImmune and PDL as 17 follows: 18 19 1. Section 2 of the Protective Order (Docket No. 113) is modified to add the following Section 2.4.1.

20 "THIRD-PARTY CONFIDENTIAL--OUTSIDE COUNSEL'S EYES ONLY" Information or 21 Items: extremely sensitive "HIGHLY CONFIDENTIAL" information, the potential production of 22 which has caused a third party to object to the disclosure of the information to another Party. 23 24 25 26 27 3. 2. Sections 2.7, 2.8, 5.2(a), 5.2(b), 5.2(c), 5.3, 6.3, 8, and 12.4 are amended to add the phrase "or THIRD-PARTY CONFIDENTIAL--OUTSIDE COUNSEL'S EYES ONLY" after the phrase "CONFIDENTIAL' or "HIGHLY CONFIDENTIAL-- ATTORNEYS' EYES ONLY.'" Section 7 of the Protective Order is modified to add the following Section 7.6.

28 Disclosure of "THIRD-PARTY CONFIDENTIAL--OUTSIDE COUNSEL'S EYES ONLY" 1.
STIPULATION AND [PROPOSED] ORDER MODIFYING PROTECTIVE ORDER: XXXXXXXXX CASE NO. CV-08-5590 (JF)

1 Information of Items. Unless otherwise ordered by the court or permitted in writing by the 2 Designating Party, a Receiving Party may disclose the information or item designated "THIRD3 PARTY CONFIDENTIAL--OUTSIDE COUNSEL'S EYES ONLY" only to: 4 5 6 7 8 9 10 11 12 13 (a) the Receiving Party's Outside Counsel; (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this litigation, and (2) who have been subject to section 7.4 above and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A); (c) the Court and its personnel; (d) court reporters, their staffs, and professional vendors to whom disclosure is reasonably necessary for this litigation; and (e) witnesses, to the extent provided in section 7.5. 4. Section 7.5 of the Protective Order (Docket No. 113) is amended to replace the final sentence with the following:

14 Protected Material may be disclosed to third-party fact witnesses during the course of a deposition 15 only if the deponent is reasonably believed to be already familiar with such Protected Material, 16 except that material designated "THIRD-PARTY CONFIDENTIAL--OUTSIDE COUNSEL'S 17 EYES ONLY" may not be shown to third-party fact witnesses. To illustrate, a document 18 produced by MedImmune and designated "THIRD-PARTY CONFIDENTIAL--OUTSIDE 19 COUNSEL'S EYES ONLY" may not be shown to a fact witness currently employed by PDL 20 during that witness' deposition. 21 22 23 24 25 26 27 28 2.
STIPULATION AND XXXXXXXXX ORDER MODIFYING PROTECTIVE ORDER: [PROPOSED] CASE NO. CV-08-5590 (JF)

1 SO STIPULATED. 2 DATED: July 7, 2010. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Good cause appearing, IT IS SO ORDERED. 20 DATED: ________________. July 8, 2010 21 22 23 24 25 26 27 28 3.
STIPULATION AND xxxxxxxxxx ORDER MODIFYING PROTECTIVE ORDER: [PROPOSED] CASE NO. CV-08-5590 (JF)

WILLIAMS & CONNOLLY LLP /s/ Thomas S. Fletcher GERSON A. ZWEIFACH PAUL B. GAFFNEY AARON P. MAURER DAVID I. BERL JESSAMYN S. BERNIKER THOMAS S. FLETCHER Attorneys for Plaintiff MEDIMMUNE, LLC

DATED: July 7, 2010.

WEIL, GOTSHAL & MANGES LLP /s/ Peter Sandel MATTHEW D. POWERS VERNON M. WINTERS PETER SANDEL REBECCA FETT AARON Y. HUANG Attorneys for Defendant PDL BIOPHARMA, INC.

[PROPOSED] XXXXXXXXXORDER

THE HONORABLE HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

1

GENERAL ORDER ATTESTATION

2 I, Jeffrey E. Faucette, am the ECF user whose ID and password are being used to file the 3 Stipulation And [Proposed] Order Modifying Protective Order. 4 In compliance with General Order 45, X.B., I hereby attest that Thomas S. Fletcher and Peter 5 Sandel have concurred in this filing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.
STIPULATION AND XXXXXXXXX ORDER MODIFYING PROTECTIVE ORDER: [PROPOSED] CASE NO. CV-08-5590 (JF)

/s/ Jeffrey E. Faucette