In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation

Filing 125

ORDER granting 123 Letter Motion to Seal. Permission to file under seal unredacted copies of 1-4 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/11/2020) (ks)

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August 10, 2020

8/11/2020
Permission to file under seal
unredacted copies of 1-4 is
granted. SO ORDERED.

VIA CM-ECF
Honorable Paul A. Crotty
United States District Court
Southern District of New York
500 Pearl Street, Chamber 1350
New York, NY 10007
RE: In re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with
Kinectiv Technology and VerSys Femoral Head Products Liability Litigation
Case Numbers: 18-MD-2859 (PAC); 18-MC-2859 (PAC)
Dear Judge Crotty:
In connection with Plaintiffs’ Motion to Compel Distributor Communications
(Dkt. No. 294), Plaintiffs have cited to three documents, which Defendants have marked
confidential. As filed today on ECF, Plaintiffs have included placeholder Exhibits for the
confidential documents and discussion of the documents in Plaintiffs’ letter brief has been
redacted. Plaintiffs respectfully request permission to file under seal unredacted copies of the
following filings:

1. Plaintiffs’ Letter Brief;
2. Exhibit A, excerpts from the deposition transcript of Steve Vankoski taken on
July 23 and 24, 2020;
3. Exhibit F, emails produced in response to the Defendant Fact Sheet, beginning at
ZIM-SDNY MDL DFS00043711; and
4. Exhibit G, Email correspondence produced by Defendants beginning at ZIMSDNY MDL 00249797.
Plaintiffs are unable to discern the bases for Zimmer’s assertions of confidentiality, but
are requesting to file these documents under seal under the assumption the confidentiality

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The Honorable Paul A. Crotty
Page 2

designations were made in good faith. The parties making the designations are better positioned
than Plaintiffs to explain their confidentiality designations, if the Court has any questions about
the bases for them. The chambers copy electronically mailed to the Court will include
unredacted copies of the above filings, as well as the redacted filings that are filed on ECF.

Respectfully submitted,
/s/Kelly K. McNabb
Kelly K. McNabb
On behalf of the Plaintiffs’ Executive Committee

cc:
2018217.1

Counsel of Record