Medimpact Healthcare Systems, Inc. v. IQVIA Holdings Inc.

Opinion

7 10 MEDIMPACT HEALTHCARE Case No. 3:19-cv-01865-GPC-DEB 11 SYSTEMS, INC., a California corporation, MEDIMPACT 12 INTERNATIONAL LLC, a California ORDER GRANTING limited liability company, MEDIMPACT DEFENDANTS’ MOTION TO FILE 13 INTERNATIONAL HONG KONG UNDER SEAL PURSUANT TO LTD., a Hong Kong company, L.R. 79.2 14 Plaintiffs, 15 [Dkt No. 142] vs. 16 Date: March 5, 2021 IQVIA INC., a Connecticut corporation; Time: 1:30 p.m. 17 IQVIA LTD., a United Kingdom Dept.: 2D company; IQVIA AG, a Swiss company; Judge: The Hon. Gonzalo P. Curiel 18 OMAR GHOSHEH, individually; and Action Filed: September 26, 2019 AMIT SADANA, individually, and FAC Filed: April 7, 2020 19 DOES 1-20, 20 Defendants. 21 22 23 24 25 26 27 2 Before the Court is Defendants’ Motion to Seal the following documents: 3 (1) portions of Defendants’ Memorandum of Points and Authorities in Support of its 4 Motion for Partial Summary Judgment (the “Motion”); (2) portions of the Declaration 5 of Kenneth W. Taber (“Taber Declaration”) and accompanying exhibits filed in 6 support of Defendants’ Motion for Partial Summary Judgment; and (3) portions of 7 Defendants’ Separate Statement of Undisputed Material Facts (“SSUMF”) (Dkt. 142). 8 The Motion to Seal seeks to have certain portions of the Motion, Taber 9 Declaration, and SSUMF permanently sealed from public view because they were 10 generated or produced in, or otherwise relate to, prior confidential arbitration 11 proceedings before the Dubai International Finance Centre-London Court of 12 International Arbitration and because they contain sensitive, non-public confidential 13 business information, the disclosure of which would subject Plaintiffs and third- 14 parties to a risk of substantial harm or prejudice. These portions include confidential 15 witness statements and expert reports, and excerpts from the arbitral tribunal’s Partial 16 Final Award and Final Award, each of which detail confidential business information 17 belonging to Plaintiffs and non-party Dimensions. See McArdle v. AT&T Mobility 18 LLC, No. 09-cv-1117 CW, 2018 U.S. Dist. LEXIS 218070, at *13–14 (N.D. Cal. Aug. 19 13, 2018) (finding “compelling reasons” to seal arbitration documents). 20 Based on the foregoing, the Court finds there exist compelling reasons to seal 21 the (1) portions of Defendants’ Memorandum of Points and Authorities in Support of 22 its Motion for Partial Summary Judgment (the “Motion”); (2) portions of the 23 Declaration of Kenneth W. Taber (“Taber Declaration”) and accompanying exhibits 24 filed in support of Defendants’ Motion for Partial Summary Judgment; and (3) 25 portions of Defendants’ Separate Statement of Undisputed Material Facts (“SSUMF”) 26 and Defendants’ Motion to Seal is therefore GRANTED. It is ORDERED that 27 1 ||identified portions shall be SEALED until further order of this Court. 3 Dated: February 19, 2021 2 aaho Ox 4 Hon. Gonzalo P. Curiel 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28