Case 2:13-cv-00391-ES-JAD Document 238 Filed 03/18/16 Page 1 of 3 PageID: 4593
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`Chambers of
`Joseph A. Dickson
`United States Magistrate Judge
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`Martin Luther King, Jr. Federal Bldg.
`& U.S. Courthouse
`50 Walnut Street
`Newark, New Jersey 07102
`(973-645-2580)
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`LETTER ORDER
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`March 17, 2016
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`To all counsel of record via ECF
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`Re:
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`Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals LLC, et al.
`Civil Action No.: 13-391(ES) (JAD)
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`Dear Counsel:
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`This will address the motion to seal that Defendant Par Pharmaceutical, Inc. ("Par") filed
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`on January 20, 2016, (ECF No. 210), as well as several documents to which Plaintiff has restricted
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`public access without filing an associated motion to seal. (ECF Nos. 206-208, 214).
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`Defendant Par's Motion to Seal
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`In its motion, Par requested that the Court maintain its January 19, 2016 letter, (ECF No.
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`205), under seal, arguing that the letter might contain Plaintiffs confidential information. Par
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`noted that it did not "explicitly rely" on any of Plaintiffs confidential information in preparing its
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`January 19, 2016 submission, but sought to seal that letter in "an abundance of caution" given the
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`underlying subject matter. (Par Br. at 1, ECF No. 210-1). Specifically, Par wrote its letter in
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`response to Plaintiffs January 12, 2016 submission, which Plaintiff sought to seal based on the
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`vague statement that it contained some unspecified information that either Plaintiff "and/or" one
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`of three defendants had previously designated as confidential pursuant to a discovery
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`confidentiality order. (Id.; Br. in Support of Pl.'s January 12, 2016 Mot. to Seal at 1, ECF No.
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`199-1). It is unclear, based on the current state of the record, whether the January 12, 2016 letter
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`Case 2:13-cv-00391-ES-JAD Document 238 Filed 03/18/16 Page 2 of 3 PageID: 4594
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`actually contained any of Plaintiffs confidential information. Indeed, in its brief in support of its
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`motion to seal that letter, Plaintiff noted that "it is ultimately the burden of the party who designated
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`such material as 'HIGHLY CONFIDENTIAL ... ' to convince this Court that the information
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`requested to be sealed should be sealed pursuant to L. Civ. R. 5.3(c). Therefore, we acknowledge
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`that Amneal, Wockhardt, and Par may be required to provide additional support for the sealing of
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`this material." (Br. in Support of Pl.'s January 12, 2016 Mot. to Seal at 2-3, n.l, ECF No. 199-1).
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`Given both the "and/or" language and the aforementioned disclaimer Plaintiff included in the brief
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`in support of its motion to seal, as well as the overall vagueness of that application, the Court is
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`unable to determine whether Plaintiff is asserting that its January 12, 2016 letter actually contains
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`Plaintiffs confidential information. By extension, the Court is unable to determine whether
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`Defendant Par's January 19, 2016 letter may have inadvertently included Plaintiffs confidential
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`information simply by referencing portions of Plaintiffs January 12, 2016 letter. It does not appear
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`that Plaintiff has responded to the concerns Par set forth in its motion to seal.
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`On or before 3/24/16, Plaintiff shall submit either (1) a letter clarifying that it does not
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`contend that Defendant Par's January 19, 2016 submission contains Plaintiffs confidential
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`information; or (2) a certification setting forth all information required under Local Civil Rule
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`5.3( c )(2), as well as a proposed form of order that includes all necessary proposed findings of fact
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`and conclusions oflaw in connection with Par's motion to seal. (ECF No. 210).
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`Plaintiff's Recent Submissions
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`The Court notes that, while Plaintiff has recently filed several documents under temporary
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`seal, (ECF Nos. 206 - 208, 214), it does not appear that Plaintiff has filed the necessary
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`applications to maintain those documents under seal. Plaintiff shall file such motions on or before
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`Case 2:13-cv-00391-ES-JAD Document 238 Filed 03/18/16 Page 3 of 3 PageID: 4595
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`March 29, 2016. Other parties shall file supplemental materials, as necessary, in accordance with
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`the timeline established in Local Civil Rule 5.3(c)(2).
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`SO ORDERED
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`J~~~u.
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`cc:
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`Hon. Esther Salas, U.S.D.J.
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