United States District Court, D. New Jersey
VALEANT PHARMACEUTICALS NORTH AMERICA LLC; VALEANT PHARMACEUTICALS IRELAND LTD.; DOW PHARMACEUTICAL SCIENCES, INC.; and KAKEN PHARMACEUTICAL CO., LTD. Plaintiffs,
MYLAN PHARMACEUTICALS INC.; MYLAN LABORATORIES LTD.; and MYLAN INC., Defendants.
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO
REDACT AND SEAL TRANSCRIPT
HONORABLE LOIS H. GOODMAN UNITED STATES MAGISTRATE JUDGE.
MATTER having been brought before the Court upon the
Motion of Defendants Mylan Pharmaceuticals Inc., Mylan
Laboratories Limited, and Mylan Inc. (collectively,
"Mylan Defendants"), pursuant to Local Civil Rule
5.3(c), to permanently seal the unredacted version of the
transcript of the oral argument on the Mylan Defendants'
Motion to Dismiss held before the Honorable Peter G.
Sheridan, U.S.D.J. on May 1, 2019 (ECF No. 50)
("Transcript"); and the Mylan Defendants having
reported to the Court that Plaintiffs Valeant Pharmaceuticals
North America LLC, Valeant Pharmaceuticals Ireland Ltd., Dow
Pharmaceutical Sciences, Inc., and Kaken Pharmaceutical Co.,
Ltd.'s ("Plaintiffs") do not oppose the entry
of the within Order; and the Court having considered the
papers submitted in support of the within Motion; and the
Court having found that the standards of Local Civil Rule
5.3(c)(3) have been met and support the sealing of the
Transcript as set forth below; and for the reasons set forth
in the record of the proceedings, and for other and good
cause having been shown:
Court adopts the following Findings of Fact and Conclusions
The Nature of the Materials or Proceedings at Issue
Findings of Fact
Mylan Defendants seek to permanently seal the Transcript.
2. Local Civil Rule 5.3(c) requires the moving party to show:
(a) the nature of the materials or proceedings at issue;
(b) the legitimate private or public interests which warrant
the relief sought;
(c) the clearly defined and serious injury that would result
if the relief sought is not granted; and
(d) why a less restrictive alternative to the relief sought
is not available.
Transcript that is the subject of this Motion reveals,
contains, and/or reflects the Mylan Defendants' sensitive
proprietary commercial and business information. Further,
this proprietary information is presently confidential and
unavailable to the public.
Conclusions of Law
Common law recognizes a public right of access to judicial
proceedings and records. Goldstein v. Forbes (In re
Cendant Corp.),260 F.3d 183, 192 (3d Cir. 2001) (citing
Littlejohn v. BIC Corp.,851 F.2d 673, 677-78 (3d
Cir. 1988)). The party seeking to seal any part of a judicial
record bears the burden of demonstrating that "the
material is the kind of information that courts will
protect." Miller v. Indiana Hosp.,16 ...