Pacira Pharmaceuticals, Inc. v. Research Development Foundation

1 Karen A. Peterson, Esq., Bar No. 366 Debra L. Spinelli, Esq., Bar No. 9695 ALLISON MacKENZIE, LTD. PISANELLI BICE PLLC 402 North Division Street 400 South 7th Street, Suite 300 Carson City, NV 89703 Las Vegas, NV 89101 Telephone: (775) 687-0202 Telephone: (702) 214-2100 [email protected] [email protected] Daniel S. Leventhal, Esq. (pro hac vice) Gregg LoCascio (pro hac vice) Jaime Stark, Esq. (pro hac vice) Ronald K. Anguas, Jr. (pro hac vice) NORTON ROSE FULBRIGHT US LLP Justin Bova (pro hac vice) 1301 McKenney, Suite 5100 KIRKLAND & ELLIS LLP Houston, TX 77010 1301 Pennsylvania Avenue, N.W. Telephone: (713) 651-5151 Washington, D.C. 20004 [email protected] Telephone: (202) 389-5000 [email protected] [email protected] 8 [email protected] James S. Renard, Esq. (pro hac vice) Ryan Kane (pro hac vice) Brandy S. Nolan, Esq. (pro hac vice) KIRKLAND & ELLIS LLP NORTON ROSE FULBRIGHT US LLP 601 Lexington Avenue 2200 Ross Avenue, Suite 3600 New York, NV 10022 Dallas, TX 75201 Telephone: (212) 446-4800 Telephone: (214) 855-8000 [email protected] [email protected] [email protected] Talbot R. Hansum, Esq. (pro hac vice) Andrew Walter (pro hac vice) Zachary Wegmann, Esq. (pro hac vice) KIRKLAND & ELLIS LLP NORTON ROSE FULBRIGHT US LLP 300 North LaSalle San Jacinto Boulevard, Suite 1100 Chicago, IL 60654 Austin, TX 78701 Telephone: (312) 862-2000 Telephone: (512) 474-5201 [email protected] [email protected] [email protected] Counsel for Plaintiff, PACIRA 17 PHARMACEUTICALS, INC. Attorneys for Defendant, RESEARCH DEVELOPMENT FOUNDATION 20 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA PACIRA PHARMACEUTICALS, INC., 23 Plaintiff, Case No. 2:21-cv-02241-CDS-DJA 24 v. JOINT MOTION TO AMEND PROTECTIVE ORDER RESEARCH DEVELOPMENT FOUNDATION, Defendant.

1 Plaintiff Pacira Pharmaceuticals, Inc. (“Pacira”), and Defendant/Counter-Claimant Research Development Foundation (“RDF”) (collectively, the “Parties”), by and through their respective counsel, and subject to this Court’s approval, submit the following Joint Motion to Amend Protective Order.

5 On May 4, 2022, the Court entered the Parties’ Stipulated Protective Order, ECF No. 42, subject to certain modifications, including provisions governing the procedures for filing documents under seal with this Court. See ECF No. 44. The Court specifically ordered: 8 If the sole ground for a motion to seal is that the opposing party (or non-party) has designated a document as confidential, the designator 9 shall file (within seven days of the filing of the motion to seal) either (1) a declaration establishing sufficient justification for sealing each 10 document at issue or (2) a notice of withdrawal of the designation(s) and consent to unsealing.

12 ECF No. 44 at 3:15-21. The Parties respectfully move the Court to amend this provision of the Protective Order as detailed below.

14 The Parties are currently briefing Pacira’s Motion to Reopen Discovery, ECF No. 91, with briefing scheduled to be completed on March 14, 2023. See L.R. 7-2(b). In addition, the Parties’ dispositive motions are due on March 6, 2023, with briefing scheduled to be completed on April 10, 2023. See id.; ECF No. 90 at 3. The parties anticipate that the forthcoming briefing on these motions will contain material designated as Confidential or Highly Confidential by the opposing party, requiring multiple declarations pursuant to the operative Protective Order. To limit the number of declarations submitted and consolidate the Parties’ justifications for seeking to file materials under seal, the Parties propose adding the following provision to the aforementioned paragraph of the Operative Protective Order: Notwithstanding the foregoing, if the filing proposed to be sealed is 24 a motion or brief or exhibit thereto, the Parties shall, within fourteen days of completion of briefing on the underlying motion, file a joint 25 submission (1) identifying the information to be sealed, accompanied by sufficient justification for sealing each document at issue, or (2) a 26 notice of withdrawal of the designation(s) and consent to unsealing.

The Parties’ will meet and confer in preparing their joint submission.

27 The joint submission will include a proposed public version of the sealed documents redacting only the information that the parties seek 28 to maintain under seal. For the avoidance of doubt, the Parties shall 1 file any required submissions relating to briefing on Pacira’s Motion to Reopen Discovery by March 28, 2023, and any required 2 submissions relating to briefing on the Parties’ dispositive motions by April 24, 2023.

This Court has the authority to modify or lift protective orders that it has entered. See Oracle USA, Inc. v. Rimini St., Inc., 2012 WL 6100306, at *10 (D. Nev. Dec. 7, 2012) (citing Empire Blue Cross & Blue Shield v. Janet Greeson's A Place For Us, Inc., 62 F.3d 1217, 1219 (9th Cir. 1995)). Here, the Parties’ proposed modification streamlines the sealing process and eliminates the need for the Court to review multiple declarations from each side throughout the pendency of briefing related to Pacira’s Motion to Reopen Discovery and the Parties’ dispositive motions.

For the foregoing reasons, the Parties respectfully request the Court to enter the proposed modification to the Protective Order.

Respectfully submitted this 6th day of March, 2023.

ALLISON MacKENZIE, LTD. By: /s/ Karen A. Peterson 16 KAREN A. PETERSON, ESQ.

402 North Division Street 17 Carson City, NV 89703 18 DANIEL SCOTT LEVENTHAL, ESQ.

JAIME STARK, ESQ.

19 NORTON ROSE FULBRIGHT US LLP 1301 McKinney, Suite 5100 20 Houston, TX 77010-3095 21 JAMES S. RENARD, ESQ.

BRANDY S. NOLAN, ESQ.

22 NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 23 Dallas, TX 75201-7932 TALBOT R. HANSUM, ESQ.

ZACHARY WEGMANN, ESQ.

NORTON ROSE FULBRIGHT US LLP 25 98 San Jacinto Boulevard, Suite 1100 Austin, TX 78701-4255 Attorneys for Defendant, 27 RESEARCH DEVELOPMENT FOUNDATION 1 PISANELLI BICE PLLC 2 By: /s/ Debra L. Spinelli DEBRA L. SPINELLI, ESQ.

3 400 South 7th Street, Suite 300 Las Vegas, NV 89101 GREGG LOCASCIO, ESQ.

RONALD K. ANGUAS, JR., ESQ.

JUSTIN BOVA, ESQ.

KIRKLAND & ELLIS LLP 6 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 RYAN KANE, ESQ.

8 KIRKLAND & ELLIS LLP Lexington Avenue 9 New York, NY 10022 10 ANDREW WALTER, ESQ.

KIRKLAND & ELLIS LLP 11 300 North LaSalle Chicago, IL 60654 Attorneys for Plaintiff, 13 PACIRA PHARMACEUTICALS, INC. 9 PROPOSED ORDER 3 The foregoing proposed modification to the Parties’ Protective Order (ECF No. 44) is GRANTED. IT IS HEREBY ORDERED that the Parties Protective Order, ECF No. 44, at 3:15-21, be amended to state: 6 Notwithstanding the foregoing, if the filing proposed to be sealed is a motion or brief or exhibit thereto, the Parties shall, within fourteen 7 days of completion of briefing on the underlying motion, file a joint submission (1) identifying the information to be sealed, accompanied 8 by sufficient justification for sealing each document at issue, or (2) a notice of withdrawal of the designation(s) and consent to unsealing.

9 The Parties’ will meet and confer in preparing their joint submission.

The joint submission will include a proposed public version of the 10 sealed documents redacting only the information that the parties seek to maintain under seal. For the avoidance of doubt, the Parties shall 11 file any required submissions relating to briefing on Pacira’s Motion to Reopen Discovery by March 28, 2023, and any required 12 submissions relating to briefing on the Parties’ dispositive motions by April 24, 2023.

14 IT IS SO ORD D.

16 DANIELJ.ALBREGTS | t—<‘i‘SCS UNITED STATES MAGISTRATE JUDGE 18 DATED: March 7, 2023 19 CASE NO. 2:21-cv-02241-CDS-DJA 2 CERTIFICATE OF SERVICE 3 I hereby certify that I am an employee of Pisanelli Bice PLLC, and that on this day, I electronically filed the foregoing document with the Clerk of the Court by using the CM/ECF system, and that service will be accomplished on all counsel and persons requesting notice by the Court CM/ECF system, which will send notification of such filing to their email addresses.

DATED this 6th day of March, 2023. /s/ Kimberly Peets 9 Kimberly Peets