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`THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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`IN RE SUBOXONE (BUPRENORPHINE
`HYDROCHLORIDE AND NALOXONE)
`ANTITRUST LITIGATION
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`THIS DOCUMENT RELATES TO:
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`All Actions
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`MDL No. 2445
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`Master File No. 2:13-MD-2445-MSG
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`NON-PARTY DR. JANE RUBY’S UNOPPOSED MOTION TO FILE UNDER SEAL
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`Pursuant to Local Civil Rule 5.1.5, non-party Dr. Jane Ruby moves this Court to seal her
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`Opposition to Plaintiffs’ Motion to Compel her Deposition Testimony (ECF No. 879). Neither
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`Plaintiffs nor Defendants oppose Dr. Ruby filing her Opposition under seal.
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`Under Fed. R. Civ. P. 26(c) and the factors outlined in Pansy v. Borough of Stroudsburg,
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`23 F.3d 772, 787 (3d Cir. 1994), good cause exists for sealing Dr. Ruby’s Opposition. In
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`opposing the Motion to Compel, Dr. Ruby must put forth the basis for her invocation of her Fifth
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`Amendment right and why she “has reasonable cause to apprehend danger” in answering
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`Plaintiffs’ deposition questions. Hoffman v. United States, 341 U.S. 479, 486 (1951). In setting
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`forth that reasonable cause, or threat of prosecution, Dr. Ruby will be forced to acknowledge any
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`relation to the anticompetitive scheme alleged by Plaintiffs and the related criminal prosecutions.
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`As a non-party, embarrassment stemming from such an acknowledgement is “particularly
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`serious,” and can adversely impact Dr. Ruby’s reputation. Pansy, 23 F.3d at 787. Caselaw
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`favors protecting non-parties from harassment. See United States v. Criden, 648 F.2d 814, 829
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`(3d Cir. 1981) (“[T]he district court has some area of discretion in which to balance the strong
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`public interest favoring access against legitimate privacy concerns of third parties.”); Black Bear
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`Case 2:13-md-02445-MSG Document 894 Filed 05/30/23 Page 2 of 4
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`Energy Servs., Inc. v. Youngstown Pipe & Steel, LLC, No. CV 15-50, 2019 WL 1296654, at *5
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`(W.D. Pa. Mar. 21, 2019) (concluding that “good cause” exists to seal portions of a summary
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`judgment exhibit where the exhibit “could subject Loosli, a third party to [the] litigation, to
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`serious and particularized embarrassment and harm to his personal and business reputation
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`because of the detailed allegations contained in the report about Loosli’s character and business
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`practices”); see also ECF No. 380 (granting motion to seal in connection with motion papers
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`making similar Fifth Amendment arguments in this case). Accordingly, as a non-party asserting
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`her Fifth Amendment right, there is good cause to seal Dr. Ruby’s Opposition.
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` WHEREFORE, Dr. Ruby prays that the Court grant her Unopposed Motion to File
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`Under Seal.
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`A proposed order is attached.
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`Dated: May 30, 2023
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`Respectfully submitted,
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`COZEN O’CONNOR
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` /s/ Calli Padilla
`Calli Padilla (PA 312102)
`1650 Market Street, Suite 2800
`Philadelphia, PA 19103
`cpadilla@cozen.com
`Telephone: (215) 665-2000
`Facsimile: (215) 665-2013
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`Barbara Van Gelder (pro hac vice application
`forthcoming)
`Samantha Rubin Stratford (pro hac vice application
`forthcoming)
`1200 19th Street, N.W.
`Washington, D.C. 20036
`bvangelder@cozen.com
`sstratford@cozen.com
`Telephone: (202) 912-4800
`Facsimile: (202) 861-1905
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`2
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`Case 2:13-md-02445-MSG Document 894 Filed 05/30/23 Page 3 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 30, 2023, I caused non-party Dr. Jane Ruby’s Unopposed
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`Motion to File Under Seal to be served on counsel of record by filing it with the Court’s ECF
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`system.
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`/s/ Calli Padilla
`Calli Padilla
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`3
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`Case 2:13-md-02445-MSG Document 894 Filed 05/30/23 Page 4 of 4
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`THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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`IN RE SUBOXONE (BUPRENORPHINE
`HYDROCHLORIDE AND NALOXONE)
`ANTITRUST LITIGATION
`
`THIS DOCUMENT RELATES TO:
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`All Actions
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`MDL No. 2445
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`Master File No. 2:13-MD-2445-MSG
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`[PROPOSED] ORDER
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`Upon consideration of non-party Dr. Jane Ruby’s Unopposed Motion to File Under Seal,
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`it is hereby ORDERED that the Unopposed Motion is GRANTED.
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`The papers previously filed provisionally under seal in connection with Dr. Jane Ruby’s
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`Opposition to Plaintiffs’ Motion to Compel her Deposition Testimony shall remain sealed from
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`public access.
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`IT IS SO ORDERED.
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`Dated: ___________________
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`______________________________
`The Hon. Mitchell S. Goldberg
`United States District Judge
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