ABC v. DEF

Filing 414

ORDER granting 408 Letter Motion to Seal; granting 409 Letter Motion to Seal. Application Granted. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 408 and 409. (Signed by Magistrate Judge Valerie Figueredo on 12/8/2023) (rro)

U.S. Department of Justice

[Type text]

United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

By ECF
The Hon. Valerie Figueredo
United States Magistrate Judge
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

December 6, 2023

United States ex rel. Bassan et al. v. Omnicare, Inc. & CVS Health Corp.,
15 Civ. 4179 (CM) (VF)

Dear Judge Figueredo:
We write respectfully on behalf of the United States of America (the “Government”) to
request the Court’s leave to file several exhibits to the Government’s letter brief filed today under
a temporary 14-day seal, pursuant to Rule I.g of Your Honor’s Individual Practices and the
Protective Order entered by the Court on November 29, 2021. See Dkt. No. 102 (the “Protective
Order”).
In producing materials in discovery, Defendants designated certain documents as subject
to the Protective Order. The Protective Order provides a process for the filing of such materials.
Protective Order ¶ 19. Pursuant to that process, the Government respectfully requests that the
Court grant leave to file Exhibits D, E, F, G, H, J, K, N, 1 O, P, Q and R to the Government’s
letter under seal for a period of 14 days. See id. Per the Protective Order, Defendants, as the
Producing Parties, may file a motion to seal the relevant information. See id.

December 8, 2023
The Clerk of Court is respectfully directed to terminate
the motions at ECF Nos. 408 and 409.

1

Exhibit N is an excerpt of the transcript of a deposition taken of Omnicare employee Mary PottsHozlock pursuant to Civil Investigative Demand prior to the Government’s intervention in this
case (and therefore the entry of the Protective Order). The Government is filing this exhibit under
a temporary 14-day seal to provide Defendants with the opportunity to make any appropriate
confidentiality designations and request to seal accordingly.

Page 2
We thank the Court for its consideration of this submission.
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney
By:

cc: All counsel by ECF

/s/ Jennifer Jude
MÓNICA P. FOLCH
JENNIFER JUDE
SAMUEL DOLINGER
LUCAS ISSACHAROFF
JEREMY LISS
Assistant United States Attorneys
[phone]