ABC v. DEF

Filing 377

ORDER granting 372 Letter Motion for Discovery. Application Granted. The government is directed to file under seal the clawed-back document and unredacted Barry Hart expert report such that only the Court and the government may view them. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 372. (Signed by Magistrate Judge Valerie Figueredo on 10/30/2023) (rro)

DAVID RANDALL. J. RISKIN
[phone]
[e-mail]

October 26, 2023
Via ECF
Hon. Valerie Figueredo
United States District Court
for the Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

United States ex rel. Bassan v. Omnicare, Inc., No. 15 Civ. 4179 (CM) (VF)

Dear Judge Figueredo:
We write regarding one housekeeping matter arising from the Court’s October 25, 2023
order (Dkt. 370). We understand that the government submitted to the Court via ex parte email
the clawed-back document (OMNICARE-USAO-00454799) at issue in Defendants’ underlying
motion to compel (Dkt. 366). In addition, at the Court’s request, we provided an unredacted
version of Barry Hart’s expert report (received from the government), which quoted from and
relied on the clawed-back document, so the Court would have context for arguments made in the
motion.
To ensure that future reviewing courts have the full record relevant to Defendants’ motion,
we request that the Court put the clawed-back document and unredacted Hart report on the docket,
but under seal in a way that precludes Defendants from accessing it. This will ensure that any
review of the Court’s order occurs with a complete record. See generally Fed. R. Civ. P. 72(b); In
re 650 Fifth Ave. & Related Props., 934 F.3d 147, 156–60 (2d Cir. 2019); Moll v. Telesector Res.
Grp., 760 F.3d 198, 204 (2d Cir. 2014); In re Dana Corp., 574 F.3d 129, 148–51 (2d Cir. 2009)
Hollander v. Am. Cyanamid Co., 895 F.2d 80, 82 (2d Cir. 1990).
We appreciate the Court’s consideration.
Sincerely,
/s/ David Randall J. Riskin
David Randall J. Riskin
October 30, 2023
The government is directed to file under seal the clawed-back
document and unredacted Barry Hart expert report such that only
the Court and the government may view them. The Clerk of Court
is respectfully directed to terminate the motion at ECF No. 372.