PURDUE PHARMACEUTICAL PRODUCTS L.P. et al v. ACTAVIS ELIZABETH LLC

Filing 422

ORDER granting 402 Motion to Redact 392 Transcript,. Signed by Magistrate Judge Joseph A. Dickson on 8/24/15. (sr, )

Case 2:12-cv-05311-JLL-JAD Document 402-2 Filed 04/27/15 Page 1of5 PagelD: 18904

Harry D. McEnroe
James S. Richter
Matthew P. O'Malley
Melissa Steedle Bogad
Tompkins, McGuire, Wachenfeld & Barry, WINSTON & STRAWN LLP
LLP
The Legal Center
3 Becker Farm Road, Suite 402
One Riverfront Plaza, Suite 730
Roseland, New Jersey 07068-1726
Newark, NJ 07102
Tel:' [phone]
[phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Actavis Elizabeth LLC
Attorneys for Defendants Dr.
Laboratories, Inc. and Dr.
Laboratories, Ltd.

Reddy's
Reddy's

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

PURDUE PHARMACEUTICAL PRODUCTS
L.P., et al.,
Plaintiffs,

C.A. No. 12-CV--05311 GLL)GAD)

v.
ACTAVIS ELIZABETH LLC, et al.,
Defendants.

ORDER GRANTING MOTION TO SEAL

THIS MATTER having come before the Court on motion by counsel for
Defendants Dr. Reddy's Laboratories, Inc. and Dr. Reddy's Laboratories, Ltd.
(collectively, "DRL'') and Actavis Elizabeth LLC (" Actavis") (collectively with DRL,

Case 2:12-cv-05311-JLL-JAD Document 402-2 Filed 04/27/15 Page 2 of 5 PagelD: 18905

"Defendants"), for the entry of an Order redacting confidential information contained
in Volume 11 of the transcript of proceedings in the above captioned matter dated
February 13, 2015 pursuant to L. Civ. R. 5.3(c); the Court makes the following findings
of fact and conclusions of law, pursuant to L. Civ. R. 5.3(c)(5):

1.

The Court finds that there is a Discovery Confidentiality Order, Dkt. 64,

entered by the Court on April 16, 2013 ("the Confidentiality Order"), providing for the
confidential treatment of certain sensitive business documents produced in the
litigation that are designated "CONFIDENTIAL" by the producing party. Defendants
have complied with the terms of that Order by requesting to redact certain passages of
the trial transcript at issue pursuant to L. Civ. R. 5.3(c).
2.

The Court agrees that the information sought to be sealed appears to contain or

refer to sensitive business information of the parties that is not known by the general
public.
3.

The Court further finds that revealing the confidential business information to

the public and competitors to the parties to this action would injure the parties'
business interests. The Court also finds that Defendants seek to redact only the
confidential information, thereby making it the least restrictive alternative.
4.

Accordingly, the Court finds that good cause exists to redact the trial

transcripts at issue under the considerations set forth in Pansy v. Borough of

Stroudsburgh, 23 F.3d 772 (3d Cir. 1994) and L. Civ. R. 5.3(c)(2).

~

IT IS, on

thi;;;..,
\:\"'-day of ~\l~ \1

2015;

Case 2:12-cv-05311-JLL-JAD Document 402-2 Filed 04/27/15 Page 3 of 5 PagelD: 18906

1

( tCF No. 3C) 2)

ORDERED that Defendants' motion to seal the following documents is
GRANTED pursuant to L. Civ. R. 5.3,

•

Trial Transcript Volume 11[Dkt.392): Portions of the Transcript Relating
to the formulation of DRL's ANDA product and bioequivalence testing
data.

The subject tracts are specifically identified below:

Defendants' Redactions to Closing Argument Transcript Vol. 11

Transcript Pages and Lines

Identifiers

Page 11.21, Line 8

From the word. "be" to the word "but"

Page 11.22, Lines 7-8

From the word "levels" to the word "where"

Page 11.27, Lines 3-4

From the word "contains" to the word "as"

Page 11.31, Line 1

From beginning of line 1 to the word "but"

Page 11.31, Line 4

From the word "that" to the word "in"

Page 11.31, Lines 7-8

From the word "identifies" to the word "as"

Page 11.31, Line 12

From the word "identified to the end of line 12

Page 11.31, Line 14

From the word "of' to the word "characterizes"

Page 11.31, Line 15

From the beginning of line 15 to the word "as"

Page 11.55, Line 13

From the word "concentration" to the end of line 13

Page 11.55, Lines 20-21

From the word "are" to the word "at"

2

Case 2:12-cv-05311-JLL-JAD Document 402-2 Filed 04/27/15 Page 4 of 5 PagelD: 18907

Transcript Pages and Lines

Identifiers

Page 11.68, Line 1

From the word "and" to the word "the"

Page 11. 70, Line 3

From the beginning of line 3 to the word "we"

Page 11.76, Line 15

From the word "conceded" to the word "is"

Page 11.80, Line 1

From the word "is" to the end of line 1

Page 11.80, Line 3

From the word "that" to the word "is"

Page 11.80, Line 7

From the word "that" to the word "is"

Page 11.80, Line 10

From the beginning of line 10 to the word "and"

Page 11.80, Line 11

From the word "the" to the end of line 11

Page 11.80, Line 14

From the word "that" to the end of line 14

Page 11.80, Line 15

From the word "form" to the end of line 15

Page 11.80, Lines 16-17

From the word "a" to the word "which"

Page 11.80, Line 23

From the word "said" to the word "is"

Page 11.81, Line 2

From the word "than" to the word "are"

Page 11.81, Line 13

From the word "that" to the word "is"

Page 11.92, Line 5

From the word "was" to the end of line 5

Page 11.92, Line 10

From the word "that" to the word "level"

And it is further
5.

ORDERED that a redacted version of the subject transcript, in which only the
confidential information described above has been redacted, shall be made
available on the public docket. Defendants shall prepare a redacted transcript
consistent with the terms of this Order, and shall provide the Court Reporter

with an electronic version of the subject redacted transcript
Q~ th 1· S Oridu~; Qt\d 1t i" J turlfurZ
3

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Case 2:12-cv-05311-JLL-JAD Document 402-2 Filed 04/27/15 Page 5 of 5 PagelD: 18908

6.

ORDERED that the unredacted version of the subject transcript [Dkt. 392]
shall remain sealed.

SO ORDERED.

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