Whaley v. C R Bard Incorporated

• Court: District Court, S.D. New York
• Decided: December 16, 2019
• Docket: 7:19-cv-08524
• Status: Unknown

Opinion

khan tad UNITED STATES DISTRICT COURT ANS SOUTHERN DISTRICT OF NEW YORK so OPERER □□ □□ Z ES SHIRLEY WHALEY ) KENNETH, M. KARAS U.S.DJ ) /3 Io [19 Plaintiff, ) Civil Action No. 7:19-CV-08524-KMK ) ) vs. ) ) Hon. Kenneth M. Karas C. R. BARD, INC., and BARD ) PERIPHERAL VASCULAR, INC. ) ) Defendants. ) PLAINTIFF’S MOTION FOR LEAVE TO FILE UNDER SEAL CONFIDENTIAL INFORMATION Pursuant to Local Rule 5.2 and the Stipulated Protective Order in the Bard MDL (CMO 3), Plaintiff moves for leave to file under seal: Exhibit A to Plaintiffs Motion to Consolidate Johnson v. C.R. Bard Incorporated, et al., No. 7:19-cv-08478-KMK;; Petro v. C.R. Bard Incorporated, et al., No. 7:19-cv-08480-KMK; and Whaley v. C.R. Bard Incorporated, et al., No. 7:19-cv-08524- KMK, pending before the United States District Court for the Southern District of New York. Exhibit A to the Plaintiff's Motion to Consolidate contains confidential information that is protected under the Stipulated Protective Order, warranting protection from public disclosure. Accordingly, there is good cause to grant Plaintiff's Motion for Leave to File Under Seal Confidential Information. ARGUMENT AND CITATION OF AUTHORITY Federal Rule of Civil Procedure 26(c)(1) states that a court may issue an order protecting a “trade secret or other confidential research, development, or commercial information” from public disclosure “for good cause.” “When litigation requires disclosure of trade secrets, the court may disclose certain materials only to the attorneys involved.” In re New York Times Co. to Unseal

Wiretap & Search Warrant Materials, 577 F.3d 401, 410 n.4 (2d Cir. 2008). As this Court has recognized, an order sealing materials filed with the Court may be entered to protect proprietary information concerning a Defendant’s product development, if the privacy interests of the defendants outweigh the presumption of public access. GoSmile, Inc. v. Levine, 769 F. Supp. 2d 630, 649 (S.D.N.Y. 2011). Pursuant to the MDL’s CMO, Defendants designated Exhibit A to the Plaintiff's Motion to Consolidate as confidential on the basis that it would reveal their confidential, proprietary and trade secret information. Accordingly, good cause exists for sealing: Exhibit A to the Plaintiff's Motion to Consolidate. WHEREFORE, the Plaintiff prays that this Court seal: Exhibit A to the Plaintiff's Motion to Consolidate.

Respectfully submitted MARTIN BAUGHMAN, PLLC

/s/ Laura J. Baughman Laura J. Baughman, NY Bar No. 4173399 Ben C. Martin, TX Bar No. 13052400 Seeking Admission Pro Hac Vice Thomas Wm. Arbon TX Bar No. 01284275 Seeking Admission Pro Hac Vice 3710 Rawlins Street, Suite 1230 Dallas, Texas 752019 Telephone: (214) 761-6614 Facsimile: (214) 744-7590 bmartin@martinbaughman.com Ibaughman@martinbaughman.com tarbon@martinbaughman.com Attorneys for Plaintiffs

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing has been filed using the Court’s CM/ECF system, which automatically sends a notice of electronic filing to all counsel of record on this 13" day of December, 2019.

/s/ Laura J. Baughman Laura J. Baughman