`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ARBUTUS BIOPHARMA CORPORATION
`and GENEVANT SCIENCES GmbH,
`
`Plaintiffs,
`
`v.
`
`
`
`MODERNA, INC. and MODERNATX, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`) C.A. No. 22-252-MSG
`)
`)
`)
`)
`
`
`
`
`
` STIPULATION AND ORDER REGARDING SEALED FILINGS
`
`WHEREAS, the Stipulated Protective Order requires filings submitted under seal to “be
`
`accompanied by a motion to seal, in compliance with In re Avandia, Mktg., Sales Practices, &
`
`Products Liab. Litig., 924 F.3d 662 (2019)” (D.I. 91 ¶ 10.1);
`
`WHEREAS, under the Scheduling Order, certain documents must be filed on short
`
`notice, including, but not limited to, discovery dispute letters and letter briefs regarding motions
`
`to amend or to strike (D.I. 72 ¶¶ 7(g), 8(a), and 8(b));
`
`WHEREAS, certain other submissions may contain one or more parties’ confidential
`
`information, which may require coordination with the opposing side to prepare motions to seal
`
`with supporting declarations, including, but not limited to, claim construction, dispositive
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`motions, and Daubert motions (D.I. 72 at ¶¶ 12, 14, and 15); and
`
`WHEREAS, the parties have agreed on a procedure to allow additional time for the filing
`
`of documents containing confidential information and any related motions to seal to allow the
`
`parties to confer on whether sealing can be avoided by excerpting exhibits or otherwise
`
`modifying the submission;
`
`1
`
`
`
`Case 1:22-cv-00252-MSG Document 155 Filed 11/14/23 Page 2 of 3 PageID #: 1961
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`NOW THEREFORE, the parties hereby stipulate and agree, subject to the approval of the
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`Court, to the following procedures for the service and filing of documents including, but not
`
`limited to, discovery dispute letters, motions to amend, motions to strike, and other dispositive
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`and non-dispositive submissions:
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`1.
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`Any submission that potentially includes confidential information shall be
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`initially served but not filed. The deadline for any response shall be calculated from the day of
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`service, which shall be determined in accordance with the Court’s 5:00 p.m. ET filing deadline.
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`2.
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`Once served, the opposing party has one business day to propose any redactions
`
`or excerpting to remove unnecessary confidential information. The submission will then be filed
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`no more than two business days after service.
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`3.
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`Should the submission require filing under seal, a motion to seal will be due no
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`more than 3 business days after the filing and shall include any proposed redactions. If no party
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`has moved for sealed treatment by that time, the parties shall notify the Court that the filing may
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`be unsealed. If a sealed filing contains both parties’ confidential information, they may file a
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`joint motion to seal.
`
`4.
`
`Emergency motions may be filed under seal immediately. Thereafter, any party
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`desiring to maintain it under seal may file a motion to seal within 5 business days and shall
`
`include any proposed redactions. If no party has moved for sealed treatment by that time, the
`
`parties shall notify the Court that the filing may be unsealed.
`
`Paragraph 10.1 of the Stipulated Protective Order, and Paragraphs 7 and 8 of the
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`Scheduling Order are hereby amended accordingly.
`
`
`
`Case 1:22-cv-00252-MSG Document 155 Filed 11/14/23 Page 3 of 3 PageID #: 1962
`
`/s/ Nathan R. Hoeschen
`John W. Shaw (No. 3362)
`Karen E. Keller (No. 4489)
`Nathan R. Hoeschen (No. 6232)
`Emily S. DiBenedetto (No. 6779)
`SHAW KELLER LLP
`I.M. Pei Building
`1105 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 298-0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`nhoeschen@shawkeller.com
`edibenedetto@shawkeller.com
`Attorneys for Plaintiffs
`
`Dated: November 13, 2023
`
`/s/ Travis J. Murray
`Jack B. Blumenfeld (No. 1014)
`Brian P. Egan (No. 6227)
`Travis J. Murray (No. 6882)
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`began@morrisnichols.com
`tmurray@morrisnichols.com
`Attorneys for Defendants
`
`SO ORDERED this 14th day of November, 2023.
`
`_________________________________
`/s/ Mitchell S. Goldberg
`UNITED STATES DISTRICT JUDGE
`
`
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