Alfred W. Zaher (pro hac vice)
Maryellen Madden (pro hac vice)
John J. Powell (pro hac vice)
Stephanie K. Benecchi (pro hac vice)
MONTGOMERY MCCRACKEN
WALKER & RHOADS LLP
1735 Market Street, 21st Floor
Philadelphia, Pennsylvania 19103
Telephone: (215) 772-1500
Facsimile: (215) 772-7620
azaher@mmwr.com
mmadden@mmwr.com
jpowell@mmwr.com
sbenecchi@mmwr.com
J. Mark Gibb (5702)
Peter H. Donaldson (9624)
Clinton E. Duke (9784)
DURHAM JONES & PINEGAR, PC
111 South Main Street, Suite 2400
Salt Lake City, Utah 84111
Telephone: (801) 415-3000
Facsimile: (801) 415-3500
mgibb@djplaw.com
pdonaldson@djplaw.com
cduke@djplaw.com
Attorneys for Defendant/Counterclaimant Medical Components, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
C.R. BARD, INC., BARD
PERIPHERAL VASCULAR, INC.,
and BARD ACCESS SYSTEMS, INC.,
Plaintiffs,
v.
MEDICAL COMPONENTS, INC.
Defendant.
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Case Nos. 2:17-cv-00754-TS-EJF
2:17-cv-1047-TS-EJF
MOTION FOR LEAVE TO FILE UNDER
SEAL – (1) DEFENDANT’S MOTION TO
COMPEL PLAINTIFFS TO PRODUCE
DOCUMENTS IMPROPERLY WITHHELD
ON THE BASIS OF PRIVILEGE AND
ATTORNEY WORK PRODUCT AND (2)
EXHIBITS C AND D THERETO
Judge Ted Stewart
Magistrate Judge Evelyn Furse
Case 2:17-cv-00754-TS-EJF Document 225 Filed 02/20/19 Page 1 of 3
2
SLC_4068137.1
Pursuant to DUCivR 5-2 and this Court’s February 11, 2019 Order, Defendant, Medical
Components, Inc. (“Defendant”), through its counsel, hereby moves the Court for leave to file
under seal (1) Defendant’s Motion to Compel Plaintiffs to Produce Documents Improperly
Withheld on the Basis of Privilege and Attorney Work Product and (2) Exhibits C and D thereto.
DUCivR 5-2(a) provides that “[o]n motion of a party and a showing of good cause, a
judge may order a . . . document filed in a civil case to be sealed.” In this matter, good cause
exists to seal (1) Defendant’s Motion to Compel Plaintiffs to Produce Documents Improperly
Withheld on the Basis of Privilege and Attorney Work Product (“Motion”), and (2) Exhibits C
and D thereto. Exhibit C is a collection of documents that Plaintiffs have designated
“Confidential Information – Attorneys Eyes Only.” Exhibit D is a portion of a deposition
transcript that Plaintiffs have designated “Confidential Information – Attorneys Eyes Only.”
Finally, portions of the Motion recite information from these Exhibits. Filing the Motion under
seal will maintain the confidentiality of the facts referenced in the Motion and Exhibits C and D.
Pursuant to DUCivR 5-3, the records of the court are presumptively open to the public.
The sealing of pleadings, motions, memoranda, exhibits, and other documents or portions thereof
(hereinafter, "Documents") is highly discouraged. Unless restricted by statute or court order, the
public shall have access to all Documents filed with the court and to all court proceedings. On
motion of a party and a showing of good cause, a judge may order that a Document be sealed.
Defendant endeavored in good faith to file under seal only Exhibits C and D, the information
subject to Plaintiffs’ confidentiality designations. Plaintiffs did not designate Plaintiffs’
materials in the other exhibits as confidential under the protective order. A proposed order is
attached and emailed to chambers.
Case 2:17-cv-00754-TS-EJF Document 225 Filed 02/20/19 Page 2 of 3
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SLC_4068137.1
Pursuant to DUCivR 5-2(e)(2), counsel certifies that (1) Defendant’s Motion to Compel
Plaintiffs to Produce Documents Improperly Withheld on the Basis of Privilege and Attorney
Work Product and (2) Exhibits C and D thereto contain information that Plaintiffs have
designated as “Confidential Information – Attorney’s Eyes Only,” and that this is the sole basis
for Defendant’s request to file these documents under seal.
DATED February 20, 2019.
Respectfully submitted,
/s/ Alfred W. Zaher
Alfred W. Zaher (admitted pro hac vice)
Richard M. Simins (admitted pro hac vice)
Maryellen Madden (admitted pro hac vice)
John Powell (admitted pro hac vice)
Stephanie K. Benecchi (admitted pro hac vice)
MONTGOMERY MCCRACKEN WALKER
& RHOADS LLP
J. Mark Gibb
Peter H. Donaldson
Clinton E. Duke
DURHAM JONES & PINEGAR, PC
Attorneys for Defendant/Counterclaimant Medical
Components, Inc.
CERTIFICATE OF SERVICE
I certify that on this 20th day of February, 2019, I served filed the foregoing with the
Court by CM/ECF which then served all counsel of record.
/s/ Alfred W. Zaher
Case 2:17-cv-00754-TS-EJF Document 225 Filed 02/20/19 Page 3 of 3
