Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 709

MOTION for Reconsideration of Court's July 9, 2007 Order Denying Davita's Motion to Seal, or in the Alternative, to Stay the Order Pending Appeal by DaVita, Inc..(Mello, Peter)

Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Doc. 709

Case 1:05-cv-12237-WGY

Document 709

Filed 07/13/2007

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

AMGEN, INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GmbH, and HOFFMANN-LA ROCHE INC., Defendants. DAVITA'S MOTION TO RECONSIDER JULY 9, 2007, ORDER DENYING DAVITA'S MOTION TO SEAL, OR IN THE ALTERNATIVE, TO STAY THE ORDER PENDING APPEAL Non-party DaVita Inc. ("DaVita") hereby moves this Court to reconsider its order denying DaVita's Assented-to Motion for Leave to File Under Seal Documents Containing DaVita's Trade Secrets (the "Order"). As explained more fully in DaVita's contemporaneously filed memorandum in support, the Order reflected manifest error, in that it did not reflect a weighing of the prejudice to DaVita that will result if the documents requested to be sealed are filed publicly, versus the public's interest in access to the documents. Should the Court decline to reconsider, DaVita seeks a stay of the Order pending appeal, because enforcement of the Order prior to appellate review will irreparably harm DaVita and destroy its rights to secure meaningful review. REQUEST FOR ORAL ARGUMENT In accordance with Local Rule 7.1, DaVita hereby respectfully requests that the Court schedule an oral argument with respect to the instant motion. CIVIL ACTION No.: 05-CV-12237-WGY

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 709

Filed 07/13/2007

Page 2 of 4

WHEREFORE, DaVita respectfully requests that the Court reconsider the Order and reverse its prior ruling, or alternatively, impose a stay pending DaVita's appeal of the Order.

Respectfully submitted, Dated: July 13, 2007 By: DAVITA INC. /s/ Christopher J. Petrini Christopher J. Petrini (BBO# 556848) Peter L. Mello (BBO# 659680) Petrini & Associates, P.C. The Meadows 161 Worchester Road, Suite 304 Framingham, MA 01701 Telephone: [phone] Facsimile: [phone] Christian T. Kemnitz Michelle McGuinness Katten Muchin Rosenman LLP 525 W. Monroe Chicago, IL 60661 Telephone: [phone] Facsimile: [phone] Counsel for Non-Party DaVita Inc.

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CERTIFICATE PURSUANT TO LOCAL RULE 7.1(a)(2) Undersigned counsel for DaVita certifies that DaVita has conferred in good faith with counsel for Amgen and Roche in an effort to resolve or narrow the issues raised by this motion. /s/ Michelle T. McGuinness MICHELLE T. McGUINNESS

50433963

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Document 709

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CERTIFICATE OF SERVICE I hereby certify that this document, filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants.

/s/ Peter L. Mello Peter L. Mello