King County v. Express Scripts Inc

1 The Honorable Barbara J. Rothstein UNITED STATES DISTRICT COURT 8 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE KING COUNTY, 11 Plaintiff, Civil Action No. 2:24-cv-00049-BJR 12 v. STIPULATED MOTION AND ORDER EXPRESS SCRIPTS, INC., EXPRESS TO SEAL PORTIONS OF (1) SCRIPTS ADMINISTRATORS, LLC, MEDCO PLAINTIFF’S OPPOSITION TO HEALTH SOLUTIONS, INC., MERCK- CERTAIN DEFENDANTS’ MOTION MEDCO, ESI MAIL ORDER PROCESSING, TO DISMISS PLAINTIFF’S INC., ESI MAIL PHARMACY SERVICE, INC., AMENDED COMPLAINT FOR EXPRESS SCRIPTS PHARMACY, INC., FAILURE TO STATE A CLAIM AND EXPRESS SCRIPTS SPECIALTY (2) PLAINTIFF’S OPPOSITION TO DISTRIBUTION SERVICES, INC., CERTAIN DEFENDANTS’ MOTION OPTUMINSIGHT, INC., OPTUMINSIGHT TO DISMISS PLAINTIFF’S LIFE SCIENCES, INC., THE LEWIN GROUP, AMENDED COMPLAINT FOR LACK INC., INGENIX PHARMACEUTICAL OF PERSONAL JURISDICTION SERVICES, INC., INGENIX, INC., OPTUMRX, INC., and OPTUM, INC., Defendants.

1 Pursuant to Local Civil Rule (“LCR”) 5(g)(3), Plaintiff King County and Defendants1 jointly move the Court for an order sealing limited portions of (1) Plaintiff’s Opposition to Certain Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint for Failure to State a Claim and (2) Plaintiff’s Opposition to Certain Defendants’ Motions to Dismiss Plaintiff’s Amended Complaint for Lack of Personal Jurisdiction (together, the “Oppositions”).

6 The parties make this request because portions of Plaintiff’s Oppositions quote and describe the content of multiple documents cited in Plaintiff’s Amended Complaint, Dkt. # 51, that were produced under protective orders in the national opioid multidistrict litigation, In re National Prescription Opiate Litigation, No. 17-md-2804 (N.D. Ohio), and were designated “Confidential” or “Highly Confidential” by the producing parties in that litigation. In accordance with LCR 5(g)(3)(B), Defendants represent that the contents of these documents should remain sealed because of their designation as “Confidential” and “Highly Confidential” under the In re National Prescription Opiate Litigation protective orders and because they contain Defendants’ confidential and sensitive business information, including confidential internal business strategy. See, e.g., Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (sealing is appropriate to prevent the “release [of] trade secrets”); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 17 1092, 1097 (9th Cir. 2016) (sealing is appropriate to prevent public disclosure of “sources of business information that might harm a litigant’s competitive standing”); McCurley v. Royal Seas Cruises, Inc., 2018 WL 3629945, at *1 (S.D. Cal. July 31, 2018) (courts “routinely permit the sealing of records containing business information which competitors could potentially misuse if disclosed”); Res Exhibit Servs., LLC v. LNW Gaming, Inc., 2023 WL 4826506, at *1 (D. Nev. June 21, 2023) (granting motion to seal because the “material contain[ed] proprietary business information and contents of contractual agreements between the parties”).

25 1 Defendants in the instant action are Express Scripts, Inc., Express Scripts Administrators, LLC, Medco Health Solutions, Inc., ESI Mail Order Processing, Inc, ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc., Express Scripts Specialty Distribution Services, Inc., OptumInsight, Inc., OptumInsight Life Sciences, Inc., The Lewin Group, Inc., OptumRx, Inc., and Optum, Inc. 1 As required by LCR 5(g)(3)(A), the parties certify that prior to the filing of this motion, they conferred on August 1, 2024 and August 2, 2024 in an attempt to avoid the filing of this motion. The parties conferred via email on which numerous counsel for all parties were cc’d, with David Ko and Matthew Melamed the primary participants for Plaintiff, and Kimberly Chemerinsky the primary participant for Defendants. Given the confidentiality designations referenced above, the parties agreed to file this stipulated motion.

7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD DATED this 30th day of September, 2024.

QUINN EMANUEL URQUHART & KELLER ROHRBACK L.L.P. SULLIVAN, LLP 11 By /s/ David J. Ko /s/ Alicia Cobb Derek W. Loeser, WSBA #24274 Alicia Cobb, WSBA #48685 David J. Ko, WSBA #38299 1109 First Avenue, Suite 210 Alison S. Gaffney, WSBA #45565 Seattle, Washington 98101 Matthew Gerend, WSBA #43276 P Fah xo n (e 2 0( 62 )0 6 9) 0 9 5-0 75 1-7 00 00 0 A 12n 0d 1r e Tw h iL rdin Ads va ey n, u W e, S SB uA ite # 36 40 03 08 6 [email protected] Seattle, WA 98101 Phone: (206) 623-1900 Attorneys for Defendants Express Fax: (206) 623-3384 Scripts, Inc., Express Scripts Administrators, LLC, Medco Health KELLER ROHRBACK L.L.P. Solutions, Inc., ESI Mail Order Matthew Melamed, admitted pro hac vice Processing, Inc, ESI Mail Pharmacy 180 Grand Ave, Suite 1380 Service, Inc., Express Scripts Pharmacy, Oakland, CA 94612 Inc., Express Scripts Specialty Phone: (510) 463-3900 Distribution Services, Inc. Attorneys for Plaintiff

1 MCDOUGALD LAW GROUP P.S.

2 /s/ Shannon L. McDougald Shannon L. McDougald, WSBA #24231 7900 SE 28th Street, Suite 500 Mercer Island, WA 98004 T: 425-455-2060 F: 425-455-2070 [email protected] Attorneys for Defendant OptumInsight, Inc., OptumInsight Life Sciences, Inc., The Lewin Group, Inc., OptumRx, Inc., and Optum, Inc. IT IS SO ORDERED.

A September 30, 2024 Dated Hon. Barbara J. Rothstein United States District Judge

1 CERTIFICATE OF SERVICE 3 I, David Ko, hereby certify that on September 30, 2024, I electronically filed the STIPULATED MOTION AND [PROPOSED] ORDER TO SEAL PORTIONS OF PLAINTIFF’S OPPOSITIONS TO CERTAIN DEFENDANTS’ MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION with the clerk of the United States District Court for the Western District of Washington using the CM/ECF system, which shall send electronic notification to all counsel of record. /s/ David J. Ko David J. Ko 4883-0955-5156, v. 4