Opinion
2:21-cv-02241-CDS-DJA
03-07-2023
PACIRA PHARMACEUTICALS, INC., Plaintiff, v. RESEARCH DEVELOPMENT FOUNDATION, Defendant.
Karen A. Peterson, Esq., Debra L. Spinelli, Esq., ALLISON MacKENZIE, LTD. PISANELLI BICE PLLC Daniel S. Leventhal, Esq. Gregg LoCascio Jaime Stark, Esq. Ronald K. Anguas, Jr NORTON ROSE FULBRIGHT U.S. LLP Justin Bova KIRKLAND & ELLIS LLP NORTON ROSE FULBRIGHT U.S. LLP Talbot R. Hansum, Esq. Andrew Walter Zachary Wegmann, Esq.
Karen A. Peterson, Esq.,
Debra L. Spinelli, Esq.,
ALLISON MacKENZIE, LTD.
PISANELLI BICE PLLC
Daniel S. Leventhal, Esq.
Gregg LoCascio
Jaime Stark, Esq.
Ronald K. Anguas, Jr
NORTON ROSE FULBRIGHT U.S. LLP
Justin Bova
KIRKLAND & ELLIS LLP
NORTON ROSE FULBRIGHT U.S. LLP
Talbot R. Hansum, Esq.
Andrew Walter
Zachary Wegmann, Esq.
JOINT MOTION TO AMEND PROTECTIVE ORDER
DANIEL J. ALBREGTS, UNITED STATESMAGISTRATE JUDGE
Plaintiff Pacira Pharmaceuticals, Inc. (“Pacira”), and Defendant/Counter-Claimant Research Development Foundation (“RDF”) (collectively, the “Parties”), by and through their respective counsel, and subject to this Court's approval, submit the following Joint Motion to Amend Protective Order.
On May 4, 2022, the Court entered the Parties' Stipulated Protective Order, ECF No. 42, subject to certain modifications, including provisions governing the procedures for filing documents under seal with this Court. See ECF No. 44. The Court specifically ordered:
If the sole ground for a motion to seal is that the opposing party (or non-party) has designated a document as confidential, the designator shall file (within seven days of the filing of the motion to seal) either (1) a declaration establishing sufficient justification for sealing each document at issue or (2) a notice of withdrawal of the designation(s) and consent to unsealing.
ECF No. 44 at 3:15-21. The Parties respectfully move the Court to amend this provision of the Protective Order as detailed below.
The Parties are currently briefing Pacira's Motion to Reopen Discovery, ECF No. 91, with briefing scheduled to be completed on March 14, 2023. See L.R. 7-2(b). In addition, the Parties' dispositive motions are due on March 6, 2023, with briefing scheduled to be completed on April 10, 2023. See id.; ECF No. 90 at 3. The parties anticipate that the forthcoming briefing on these motions will contain material designated as Confidential or Highly Confidential by the opposing party, requiring multiple declarations pursuant to the operative Protective Order. To limit the number of declarations submitted and consolidate the Parties' justifications for seeking to file materials under seal, the Parties propose adding the following provision to the aforementioned paragraph of the Operative Protective Order:
Notwithstanding the foregoing, if the filing proposed to be sealed is a motion or brief or exhibit thereto, the Parties shall, within fourteen days of completion of briefing on the underlying motion, file a joint submission (1) identifying the information to be sealed, accompanied by sufficient justification for sealing each document at issue, or (2) a notice of withdrawal of the designation(s) and consent to unsealing. The Parties' will meet and confer in preparing their joint submission. The joint submission will include a proposed public version of the sealed documents redacting only the information that the parties seek to maintain under seal. For the avoidance of doubt, the Parties shall
file any required submissions relating to briefing on Pacira's Motion to Reopen Discovery by March 28, 2023, and any required submissions relating to briefing on the Parties' dispositive motions by April 24, 2023.
This Court has the authority to modify or lift protective orders that it has entered. See Oracle USA, Inc. v. Rimini St., Inc., 2012 WL 6100306, at *10 (D. Nev. Dec. 7, 2012) (citing Empire Blue Cross & Blue Shield v. Janet Greeson's A Place For Us, Inc., 62 F.3d 1217, 1219 (9th Cir.1995)). Here, the Parties' proposed modification streamlines the sealing process and eliminates the need for the Court to review multiple declarations from each side throughout the pendency of briefing related to Pacira's Motion to Reopen Discovery and the Parties' dispositive motions.
For the foregoing reasons, the Parties respectfully request the Court to enter the proposed modification to the Protective Order.
PROPOSED ORDER
The foregoing proposed modification to the Parties' Protective Order (ECF No. 44) is GRANTED. IT IS HEREBY ORDERED that the Parties Protective Order, ECF No. 44, at 3:15-21, be amended to state:
Notwithstanding the foregoing, if the filing proposed to be sealed is a motion or brief or exhibit thereto, the Parties shall, within fourteen days of completion of briefing on the underlying motion, file a joint submission (1) identifying the information to be sealed, accompanied by sufficient justification for sealing each document at issue, or (2) a notice of withdrawal of the designation(s) and consent to unsealing. The Parties' will meet and confer in preparing their joint submission. The joint submission will include a proposed public version of the sealed documents redacting only the information that the parties seek to maintain under seal. For the avoidance of doubt, the Parties shall file any required submissions relating to briefing on Pacira's Motion to Reopen Discovery by March 28, 2023, and any required submissions relating to briefing on the Parties' dispositive motions by April 24, 2023.
IT IS SO ORDERED.