H&H Pharmaceuticals, LLC v. Chattem Chemicals, Inc., et al

Filing 19

ORDER Granting 14 Motion for Leave to File Motion to Dismiss Under Seal. Signed by Magistrate Judge Cam Ferenbach on 10/13/16. (Copies have been distributed pursuant to the NEF - ADR)

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Michael E. Sullivan, Esq. (SBN 5142)
Barry L. Breslow, Esq. (SBN 3023)
Scott L. Hernandez, Esq. (SBN 13147)
ROBISON, BELAUSTEGUI, SHARP & LOW
71 Washington Street
Reno, Nevada 89503
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
CICELY I. LUBBEN, pro hac vice
STINSON LEONARD STREET LLP
7700 Forsyth Boulevard, Suite 1100
St. Louis, Missouri 63105
Email: [e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
H&H Pharmaceuticals, LLC,

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Case No.: 2:16-cv-02148-GMN-VCF

Plaintiff,
vs.

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CHATTEM CHEMICALS, INC.,
SUN PHARMACEUTICAL INDUSTRIES,
INC., DOES I-X, and ROE CORPORATIONS
I-X, INCLUSIVE,

DEFENDANTS’ MOTION FOR LEAVE
TO FILE MOTION TO DISMISS
UNDER SEAL

Defendants.
______________________________/
Defendants Chattem Chemicals, Inc. (“Chattem”) and Sun Pharmaceutical

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Industries, Inc. (“Sun”) (together, “Defendants”), do hereby move the Court for leave to
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file under seal their Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (the “Motion
to Dismiss”), according to the provisions of D. Nev. R. IA 10-5. In support thereof,
Defendants state:
1.

A court may seal court records for good cause if the interests served by

non-disclosure outweigh the right of the public access to judicial records. See Nixon v.
Warner Comnc’ns, 435 U.S. 589, 598 (1978).

Robison, Belaustegui,
Sharp & Low
71 Washington St.
Reno, NV 89503
[phone]

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CORE/9990000.4800/129210690.1

2.

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In support of their Motion to Dismiss, Defendants attach as Exhibit 2 the

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Settlement Agreement upon which Plaintiff H&H Pharmaceuticals, LLC (“Plaintiff”)

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bases its claims, and EXHIBIT 3, which consists of correspondence that includes a

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copy of the Settlement Agreement

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3.

Defendants also reference and describe various provisions from the

Settlement Agreement throughout their Motion to Dismiss.

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4.

Paragraph 12 of the Settlement Agreement provides that the parties shall

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not disclose the provisions of the Settlement Agreement, except in limited

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circumstances not applicable here.

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5.

parties from asserting or pursuing any claim to enforce the terms of the Settlement
Agreement.

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6.

Although Plaintiff has put the terms of the Settlement Agreement at issue

by filing the current action, and Defendants should be permitted to disclose the
provisions of the Settlement Agreement in connection with their defense of Plaintiff’s
claims, in an abundance of caution Defendants seek to file their Motion to Dismiss
under seal to avoid any potential violation of paragraph 12 of the Settlement Agreement.

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Paragraph 12 further states that nothing in paragraph 12 shall prevent the

7.

For the reasons stated in this Motion, good cause exists for sealing the

Defendants’ Motion to Dismiss, supporting memorandum, and exhibits.

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Robison, Belaustegui,
Sharp & Low
71 Washington St.
Reno, NV 89503
[phone]

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CORE/9990000.4800/129210690.1

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WHEREFORE, Defendants Chattem Chemicals, Inc. and Sun Pharmaceutical

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Industries, Inc. respectfully request that the Court grant leave to file Defendants’ Motion

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to Dismiss and accompanying exhibits under seal.

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DATED this 29th day of September, 2016.

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ROBISON, BELAUSTEGUI, SHARP & LOW
71 Washington Street
Reno, Nevada 89503

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BY:

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/s/ MICHAEL E. SULLIVAN
MICHAEL E. SULLIVAN
BARRY L. BRESLOW
SCOTT L. HERNANDEZ
and

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CICELY I. LUBBEN, pro hac vice pending
STINSON LEONARD STREET LLP
7700 Forsyth Boulevard, Suite 1100
St. Louis, Missouri 63105

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Attorneys for Defendants

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10-13-2016

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Robison, Belaustegui,
Sharp & Low
71 Washington St.
Reno, NV 89503
[phone]

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CORE/9990000.4800/129210690.1

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CERTIFICATE OF SERVICE
Pursuant to FRCP 5(b), I certify that I am an employee of ROBISON,

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BELAUSTEGUI, SHARP & LOW, and that on this date I caused to be served a true
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copy of DEFENDANTS’ MOTION FOR LEAVE TO FILE MOTION TO DISMISS

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UNDER SEAL on all parties to this action by the method(s) indicated below:

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_____ by placing true copy thereof in a sealed envelope, with sufficient
postage affixed thereto, in the United States mail at Reno, Nevada,
addressed to:

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__X__ by using the Court’s CM/ECF Electronic Notification System addressed to:

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Luis A. Ayon, Esq.
Joseph A. Gutierrez, Esq.
Mayer Gutierrez Ayon
8816 Spanish Ridge Avenue
Las Vegas, NV 89148
Attorneys for Plaintiff
_____ by personal delivery/hand delivery addressed to:

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_____ by facsimile (fax) addressed to:

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_____ by Federal Express/UPS or other overnight delivery addressed to:

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DATED: This 29th day of September, 2016.

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/s/ Claudia Zaehringer
CLAUDIA ZAEHRINGER

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Robison, Belaustegui,
Sharp & Low
71 Washington St.
Reno, NV 89503
[phone]

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CORE/9990000.4800/129210690.1