United States of America v. Regeneron Pharmaceuticals, Inc.

Filing 115

Magistrate Judge Judith G. Dein: ORDER entered re 77 MOTION to Compel Production by Regeneron Pharmaceuticals, Inc. ; 91 MOTION to Compel a Response to Interrogatory 14 by United States of America. For the reasons stated herein, it is hereby ORDERED as follows: Regeneron's Motion to Compel 77 is ALLOWED IN PART and DENIED IN PART; The United States' Motion to Compel 91 is ALLOWED. (Thomson, Katherine)

Case 1:20-cv-11217-FDS Document 115 Filed 01/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA,
v.

Plaintiff,

REGENERON PHARMACEUTICALS, INC.,
Defendant.

)
)
)
)
)
)
)
)

CIVIL ACTION
NO. 20-11217-FDS

ORDER ON PARTIES’ MOTIONS TO COMPEL
This matter is before the court on “Defendant Regeneron Pharmaceuticals, Inc.’s Motion
to Compel Production” (Docket No. 77) and the “United States’ Motion to Compel a Response
to Interrogatory 14” (Docket No. 91). After consideration of the parties’ written submissions
and their oral arguments, it is hereby ORDERED as follows:
1. Regeneron’s motion to compel is ALLOWED IN PART and DENIED IN PART as follows:
a. The United States shall produce for outside counsel’s eyes only unredacted
copies of documents appearing at USRGN0002052-2185 and USRGN2199-2556.
b. Regeneron may use the unredacted information in connection with the
deposition of Dr. Chambers. However, Regeneron shall not use the unredacted
information for any other purpose without prior permission from the court.
2. The United States’ motion to compel is ALLOWED as follows:
a. Regeneron shall revise its response to Interrogatory No. 14 to (i) explain the
basis for its claim of attorney-client privilege and (ii) identify the individual who
changed the wording of the February 22, 2013 email.
b. Regeneron shall include on a privilege log any documents or materials in its
possession or the possession of its attorneys that relate to the discrepancy
between the two versions of the February 22, 2013 email and over which it
asserts a claim of attorney-client privilege and/or work product protection.

Case 1:20-cv-11217-FDS Document 115 Filed 01/10/22 Page 2 of 2

c. The United States may propound an additional Interrogatory asking Regeneron
to identify any individuals, other than Mr. Terifay, who have knowledge or
information regarding the circumstances surrounding Mr. Terifay’s changes to
the February 22, 2013 email.
d. The United States may serve an additional Request for Admission asking
Regeneron to admit that Mr. Terifay changed the February 22, 2013 email.
/ s / Judith Gail Dein
Judith Gail Dein
United States Magistrate Judge

Dated: January 10, 2022

[2]