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Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc.

United States District Court, D. New Jersey

August 15, 2019

VALEANT PHARMACEUTICALS NORTH AMERICA LLC; VALEANT PHARMACEUTICALS IRELAND LTD.; DOW PHARMACEUTICAL SCIENCES, INC.; and KAKEN PHARMACEUTICAL CO., LTD. Plaintiffs,
v.
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.

         THIS 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:

         The Court adopts the following Findings of Fact and Conclusions of Law:

         I. The Nature of the Materials or Proceedings at Issue

         A. Findings of Fact

         1. The 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.

         3. The 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.

         B. Conclusions of Law

         4. 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 ...


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