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

Filing 28

ORDER Granting 26 Motion for Leave to File Reply in Support of Motion to Dismiss Under Seal. Signed by Magistrate Judge Cam Ferenbach on 12/28/16. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7
8

Michael E. Sullivan, Esq. (SBN 5142)
Barry L. Breslow, Esq. (SBN 3023)
ROBISON, BELAUSTEGUI, SHARP & LOW
71 Washington Street
Reno, Nevada 89503
Tel: [phone]
Fax: [phone]
Email: [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]

9
10

Attorneys for Defendants

11

UNITED STATES DISTRICT COURT

12

DISTRICT OF NEVADA

13

H&H Pharmaceuticals, LLC,
Plaintiff,

14
15
16
17
18
19

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

vs.

DEFENDANTS' MOTION FOR LEAVE
TO FILE REPLY IN SUPPORT OF
MOTION TO DISMISS UNDER SEAL

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

20
21

Defendants Chattem Chemicals, Inc. ("Chattem") and Sun Pharmaceutical

22

Industries, Inc. ("Sun") (together, "Defendants"), do hereby move the Court for leave to

23

file under seal their Reply in Support of Motion to Dismiss Plaintiff's Complaint pursuant

24

to Fed. R. Civ. P. 12(b)(6) (the "Reply"), according to the provisions of D. Nev. R. IA 10-

25

5. In support thereof, Defendants state:

26

1.

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

27

non-disclosure outweigh the right of the public access to judicial records. See Nixon v.

28

Warner Commnc'ns, 435 U.S. 589, 598 (1978).

Stinson Leonard
Street LLP
7700 Forsyth Blvd.
Suite 1100.
St. Louis, MO 63105
[phone]

1
CORE/0830820.0010/130178402.1

1
2
3
4
5

2.

In support of their Reply, Defendants reference the Settlement Agreement

upon which Plaintiff H&H Pharmaceuticals, LLC ("Plaintiff") bases its claims.
3.

Defendants also describe various provisions from the Settlement

Agreement throughout their Reply.
4.

Paragraph 12 of the Settlement Agreement provides that the parties shall

6

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

7

circumstances not applicable here.

8

5.

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

9

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

10

Agreement.

11

6.

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

12

by filing the current action, and Defendants should be permitted to disclose the

13

provisions of the Settlement Agreement in connection with their defense of Plaintiff's

14

claims, in an abundance of caution Defendants seek to file their Reply under seal to

15

avoid any potential violation of paragraph 12 of the Settlement Agreement.

16
17

7.

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

Defendants' Reply in Support of Motion to Dismiss Plaintiff's Complaint.

18

WHEREFORE, Defendants Chattem Chemicals, Inc. and Sun Pharmaceutical

19

Industries, Inc. respectfully request that the Court grant leave to file Defendants' Reply

20

in Support Motion to Dismiss Plaintiff's Complaint under seal.

21
22

DATED this 15th day of November, 2016.

23

STINSON LEONARD STREET LLP
7700 Forsyth Boulevard, Suite 1100
St. Louis, MO 63105-1821

24
25

BY:

26
27

/s/ CICELY I. LUBBEN
CICELY I. LUBBEN, pro hac vice
and

28
Stinson Leonard
Street LLP
7700 Forsyth Blvd.
Suite 1100.
St. Louis, MO 63105
[phone]

2
CORE/0830820.0010/130178402.1

MICHAEL E. SULLIVAN
BARRY L. BRESLOW
SCOTT L. HERNANDEZ
ROBISON, BELAUSTEGUI, SHARP & LOW
71 Washington Street
Reno , Nevada 89503

1
2
3
4

Attorneys for Defendants

5
6
7
8
9
10
11
12
12-28-2016

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stinson Leonard
Street LLP
7700 Forsyth Blvd.
Suite 1100.
St. Louis, MO 63105
[phone]

3
CORE/0830820.0010/130178402.1

CERTIFICATE OF SERVICE

1
2

Pursuant to FRCP 5(b), I certify that I am an employee of STINSON LEONARD

3

STREET LLP, and that on this date I caused to be served a true copy of the attached

4

DEFENDANTS' MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION

5

TO DISMISS UNDER SEAL on all parties to this action by the method(s) indicated

6

below:

7

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

8
9
10
11
12
13

X

by using the Court's CM/ECF Electronic Notification System addressed to:
Luis A. Ayon, Esq.
Joseph A. Gutierrez, Esq.
Maier Gutierrez Ayon
8816 Spanish Ridge Avenue
Las Vegas, NV 89148
Attorneys for Plaintiff

14

by personal delivery/hand delivery addressed to:

15

by facsimile (fax) addressed to:

16

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

17
18

DATED this 15th day of November, 2016.

19
/s/ Tracey S. West
TRACEY S. WEST

20
21
22
23
24
25
26
27
28
Stinson Leonard
Street LLP
7700 Forsyth Blvd.
Suite 1100.
St. Louis, MO 63105
[phone]

4
CORE/0830820.0010/130178402.1