Corcoran v. CVS Pharmacy, Inc., 15-CV-03504-YGR. (2017)
Court: District Court, N.D. California
Number: infdco20170322987
Visitors: 3
Filed: Mar. 21, 2017
Latest Update: Mar. 21, 2017
Summary: [PROPOSED] ORDER GRANTING, IN PART, PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS DESIGNATED AS CONFIDENTIAL [DKT. NO. 205] YVONNE GONZALEZ ROGERS , District Judge . Plaintiffs filed an Administrative Motion to File Under Seal Materials Designated as Confidential ("Motion to Seal") in the above-captioned action on December 19, 2016 pursuant to Local Rules 7-11 and 79-5. See Dkt. No. 205. The Court, having considered Plaintiffs' Motion to Seal, all papers and evidence
Summary: [PROPOSED] ORDER GRANTING, IN PART, PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS DESIGNATED AS CONFIDENTIAL [DKT. NO. 205] YVONNE GONZALEZ ROGERS , District Judge . Plaintiffs filed an Administrative Motion to File Under Seal Materials Designated as Confidential ("Motion to Seal") in the above-captioned action on December 19, 2016 pursuant to Local Rules 7-11 and 79-5. See Dkt. No. 205. The Court, having considered Plaintiffs' Motion to Seal, all papers and evidence s..
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[PROPOSED] ORDER GRANTING, IN PART, PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS DESIGNATED AS CONFIDENTIAL [DKT. NO. 205]
YVONNE GONZALEZ ROGERS, District Judge.
Plaintiffs filed an Administrative Motion to File Under Seal Materials Designated as Confidential ("Motion to Seal") in the above-captioned action on December 19, 2016 pursuant to Local Rules 7-11 and 79-5. See Dkt. No. 205.
The Court, having considered Plaintiffs' Motion to Seal, all papers and evidence submitted in support, the pertinent pleadings, and the applicable law, and finding compelling reasons and good cause therefore, hereby GRANTS IN PART the Motion to Seal. It is ORDERED that the following materials are to be filed under seal pursuant to Civil Local Rule 79-5(b) and (e):
Plaintiffs' Navarro Opposition & Exhibits Thereto
Document or Portion of Document Evidence Offered in Support of Order
Sought to Be Sealed Sealing
Plaintiffs' Opposition to CVS Pharmacy, Moffatt Omnibus Declaration GRANT
Inc.'s Motion to Exclude Certain (Feb. 15, 2017) ("Moffatt
Opinion Testimony of Dr. Robert Omnibus Declaration") ¶ 19(a)
Navarro ("Opp.") at page 13 line 11-page
14 line 13, and page 14 lines 17-19
Opp. at page 15 line 25-page 16 line 3 Moffatt Omnibus Declaration ¶ GRANT
19(b)
Opp. at page 18 lines 12-20 Moffatt Omnibus Declaration ¶ GRANT
19(c)
Ex. 1 Declaration of Robert Navarro (Oct. Moffatt Omnibus Declaration ¶ 21 GRANTS
3, 2016)) at paragraphs 7-8, 10, 12-14, 20, with regard
21 (partial), 25, 26 (partial), 28, 34, 36, 40 to ¶¶ 26,
partial), 41-44, 45 (partial), 46, 47 34, 42-50,
(partial), 48-50, 52; and Footnotes 23, 28 Footnotes
(partial), 31 (partial), 33, 59, 64 (partial), 23, 31, 59;
67, 78 DENIES as
to all
others
Ex. 2 (Thomas Gibbons Transcript (Sep. Moffatt Omnibus Declaration ¶ 22 GRANT
30, 2014))
Ex. 3 (Dr. Robert Navarro Transcript (Nov. Moffatt Omnibus Declaration ¶ GRANT
7, 2016)) (partial) at page 126 lines 1-20 10(b)
Ex. 9 (a November 2, 2006 email regarding Moffatt Omnibus Declaration ¶ GRANT
"Usual and Customary (U&C) pricing 24(a)
provision reminder")
Ex. 10 ("October Pharmacy Supervisor Moffatt Omnibus Declaration ¶ GRANT
Conference Call Recap") 24(b)
Ex. 11 (a January 19, 2009 email regarding Moffatt Omnibus Declaration ¶ GRANT
"Medco Provider Manual") 24(c)
Ex. 12 (a May 8, 2008 email transmitting a Moffatt Omnibus Declaration ¶ GRANT
presentation titled "Cash Card Offering May 24(d)
9 2008 v2")
Ex. 13 (Scott Tierney deposition transcript Moffatt Omnibus Declaration ¶ GRANT
excerpts (Sept. 13, 2016)) 25(a)
Ex. 14 (Sevak Melkonian deposition Moffatt Omnibus Declaration ¶ GRANT
transcript excerpts (July 21, 2016)) 25(b)
Ex. 15 (Hilary Dudley deposition transcript Moffatt Omnibus Declaration ¶ GRANT
excerpts (Sept. 20, 2016)) 25(c)
Ex. 16 (an April 9, 2008 email thread Moffatt Omnibus Declaration ¶ GRANT
regarding "Cash card discussion with Larry") 24(e)
Ex. 17 (an August 3-4, 2008 email thread Moffatt Omnibus Declaration ¶ GRANT
regarding "CVS Caremark Cash Offering") 24(f)
Ex. 18 (a May 14, 2008 email regarding Moffatt Omnibus Declaration ¶ GRANT
"Cash Card") 24(g)
Ex. 20 (a May 8, 2014 document titled Moffatt Omnibus Declaration ¶ 26 GRANT
"Responses of CVS Pharmacy, Inc. to
Demand for Written Statement Under
Oath.")
Ex. 21 (a June 5, 2012 email and Moffatt Omnibus Declaration ¶ GRANT
attachments regarding "Payer Relations 24(h)
Policy and Procedures")
Ex. 22 (William Strein deposition Moffatt Omnibus Declaration ¶ GRANT
transcript excerpts (December 12, 2016)) 27(a)
Ex. 23 (Franceen Spadaccino deposition Moffatt Omnibus Declaration ¶ GRANT
transcript excerpts (December 13, 2016)) 27(b)
Ex. 24 (Amber Compton deposition Moffatt Omnibus Declaration ¶ GRANT
transcript excerpts (December 16, 2016)) 27(c)
Ex. 25 (William Barre deposition transcript Moffatt Omnibus Declaration ¶ GRANT
excerpts (Nov. 17, 2016)) 27(d)
Ex. 19 (Email from Sue Colbert to Tom Moffatt Omnibus Declaration ¶ DENIED1
Morrison (Aug. 4, 2008)) 9(d)
Ex. 21 (list of CVS "Agency ID" codes) Moffatt Omnibus Declaration ¶ DENIED
9(e)
Ex. 22 (CVS/Pharmacy Health Savings Moffatt Omnibus Declaration ¶ DENIED
Pass—Policy & Procedure No. 58) 9(f)
Ex. 24 (Email and attached slide deck titled Moffatt Omnibus Declaration ¶ DENIED
"CVS/pharmacy: Cash card program 9(g)
offering recommendations (May 9, 2008)")
Ex. 25 (Email from S. Gruttadauria to S. Moffatt Omnibus Declaration ¶ DENIED
Tierney & B. Wingate (July 9, 2010)) 9(h)
Ex. 26 (a June 19, 2012 letter from the Moffatt Omnibus Declaration ¶ 28 GRANT
United States Department of Justice)
Ex. 27 (Sharon Edmunds deposition Moffatt Omnibus Declaration ¶ GRANT
transcript excerpts (August 16, 2016)) 25(d)
It is further ORDERED that the following materials are to be filed on the public docket without redaction within five business days. For these materials, the Designating Party of the allegedly confidential information therein has stated that the materials need not be redacted or filed under seal.
Document or Portion of Document Order
Opp. at page 14 lines 14-16 and GRANT
page 18 lines 20-24 (partial)
Ex. 3 (Dr. Robert Navarro GRANT
Transcript (Nov. 7, 2016))
except for page 126 lines 1-20
Ex. 19 (Email from Elizabeth GRANT
Wingate to Mark Dowling (Sept.
12, 2008))
FootNotes
1. It appears that this exhibit and the four exhibits following through Exhibit 25 (July 9, 2010 Email) refer to documents subject to the administrative sealing motion at Docket Number 170. Such have been addressed by a separate sealing order, and the Court thus denies the requests in this order as moot.
Source: Leagle
