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dc-6279563Court Unsealed

UNSEALED ORDER

Date
August 15, 2019
Source
Court Unsealed
Reference
dc-6279563
Pages
2
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0
Integrity
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Summary

10437334671: IN THE DISTRICT COURT OF CLEVELAND 8'3 STATE OF OKLAHOMA FILED STATE OF OKLAHOMA, ex rel. MIKE AUG 1 5 2019 HUNTER, ATTORNEY GENERAL OF In the of?ce of the OKLAHOMA, Court Clerk MARILYN WILLIAMS Plaintiff, v. Case No. CJ-2017-816 Judge Thad Balkman PURDUE PHARMA, L.P., ET AL., Defendants. ORDER Non?party CBS News, a division of CBS Broadcasting Inc News?), intervened in this action for the limited purpose of seeking an order unsealing portions of the judicial

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10437334671: IN THE DISTRICT COURT OF CLEVELAND 8'3 STATE OF OKLAHOMA FILED STATE OF OKLAHOMA, ex rel. MIKE AUG 1 5 2019 HUNTER, ATTORNEY GENERAL OF In the of?ce of the OKLAHOMA, Court Clerk MARILYN WILLIAMS Plaintiff, v. Case No. CJ-2017-816 Judge Thad Balkman PURDUE PHARMA, L.P., ET AL., Defendants. ORDER Non?party CBS News, a division of CBS Broadcasting Inc News?), intervened in this action for the limited purpose of seeking an order unsealing portions of the judicial record in this case. Speci?cally, CBS News moved to unseal documents related to the marketing, sales, and promotions of opioids (?the Requested Documents?) by defendants Teva Pharmaceuticals USA, Inc. and Cephalon Inc. and related companies (collectively ?the Teva defendants?). The Teva defendants responded to the CBS News motion on August 6, 2019. They informed the Court they had no Objection to unsealing the Requested Documents, except for one document they denominated as the 2005 ?Supply Distribution Agreement? between Purdue Pharma, LP and Watson Pharrna Inc (?the Supply and Distribution Agreement?). Teva requests that the Supply Distribution Agreement remain sealed. Purdue Pharma, LP and Johnson Johnson and Janssen Pharmaceuticals Inc. also responded on August 6, taking no position with respect to the unsealing of the Requested Documents. The State of Oklahoma responded on August 9, 2019, that it has no Objection to the unsealing of the records speci?ed in the motion. Both CBS News and the Teva defendants recited that they did not know for certain whether one of the documents listed by CBS News (Ex. 70 00107461], identi?ed as a ?70?page Actiq 2003 Marketing Plan? in Teva Pharmaceuticals USA, Inc., Cephalon, Inc.. Watson Laboratories, Inc., Actavis LLC, And Actavis Pharma, Inc. Watson Pharma, Inc?s Company Records Stipulation No. 1) had been ?led in the case and thus become a part of the judicial record. Upon consideration of CBS News?s motion and the responses thereto, the Court ORDERS that the motion is GRANTED in part with respect to the uncontested documents. Accordingly, the Cleveland County Court Clerk is directed immediately to unseal and make available to CBS News, the following documents: - Cephalon Motion for Partial Summary, ?led February 26, 2019. - TEVA Motion for Partial Summary Judgment ?led March 15, 2019. TEVA/Cephalon Motion for Summary Judgment, sealed version ?led April 23, 2019, redacted version ?led May 2, 2019. 0 TEVA/Cephalon Motion for Summary Judgment Exhibit Nos. 19?20, 37?40, 42? 46, 49, 52?59, 61?62, and 76, ?led under seal on May 2, 2019. TEVA/Cephalon Reply to Motion for Summary Judgment, ?led May 9, 2019. The Court will conduct a hearing at 3:00 pm on Monday, August 19, 2019 to determine (1) whether to unseal the 2005 ?Supply Distribution Agreement? between Purdue Pharma, LP and Watson Pharma Inc. that the Teva defendants request remain sealed; and (2) the extent to which transcripts of the hearings on the foregoing motions may be unsealed. At that time, the Court will also consider any evidence or other information provided by the parties to determine whether Ex. 70 was made a part of the public record in this case, in which case it should be unsealed. IT IS SO ORDERED this ?day of August, 2019. 59% 6W THAD BALKMAN DISTRICT JUDGE 194934311006202100001 8/15/19

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