Astrazeneca Pharmaceuticals LP v. Wrigley et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
ASTRAZENECA
PHARMACEUTICALS LP,
Plaintiff,
v.
DREW H. WRIGLEY, in his official
capacity 	as 	the 	Attorney 	General 	of
North Dakota;
and
CAROLYN 	BODELL, 	TANYA 	L.
SCHMIDT, 	TYLER 	G. 	LANNOYE,
SHANE 	R. 	WENDEL, 	KEVIN 	J.
OBERLANDER, 	DIANE
HALVORSON, and RON HORNER, in
their official capacities as Members of
the North Dakota Board of Pharmacy;
and MARK J. HARDY, in his official
capacity as Executive Director of the
North Dakota Board of Pharmacy,
Defendants.
Case No: 1:25-cv-00182-DMT-CRH
PROTECTIVE ORDER
WHEREAS, although the parties to this action do not at present anticipate seeking
custodial discovery from one another, they anticipate that documents, testimony, or information
containing or reflecting confidential, proprietary, and/or personally or commercially sensitive
information may nonetheless be disclosed or produced during the course of discovery in this case,
including pursuant to third-party subpoenas; and
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WHEREAS, the parties have agreed to the terms of this Order governing discovery and
request that the Court enter it;
IT IS HEREBY ORDERED:
1. 	Scope. All disclosures, affidavits and declarations and exhibits thereto, deposition
testimony and exhibits, discovery responses, documents, electronically stored information,
tangible objects, information, and other things produced, provided, or disclosed in the course of
this action which may be subject to restrictions on disclosure under this Order, and information
derived directly therefrom (hereinafter referred to collectively as “documents”), shall be subject to
this Order as set forth below. The Order is also subject to the Local Rules of this District and the
Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.
2. 	Form and Timing of Designation. A party or third-party subpoena recipient may
designate documents that it produces as confidential and restricted in disclosure under this Order
by placing or affixing the words “CONFIDENTIAL” or “ATTORNEYS EYES ONLY” on the
document in a manner that will not interfere with the legibility of the information contained therein.
Documents shall be designated prior to or at the time of the production or disclosure of the
documents. To the extent documents or materials cannot be produced in formats readily
susceptible to this form of designation, the parties agree to meet and confer on efficient alternative
methods of designation.
The designation of documents for protection under this Order does not mean that the
document has any status or protection by statute or otherwise except to the extent and for the
purposes of this Order.
3. 	Documents Which May be Designated CONFIDENTIAL. 	Any party or third-party
subpoena recipient may designate documents as CONFIDENTIAL upon making a good faith
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determination that the documents contain information protected from disclosureby law or that
shouldbeprotectedfromdisclosureasconfidentialbusinessorpersonalinformation,medicalor
psychiatricinformation,personnelrecords,orsuchothersensitivecommercialinformationthatis
notpubliclyavailableanddoesnotqualityforanATTORNEYSEYESONLYdesignation,asset
forthbelow.Publicrecordsanddocumentsthatarepubliclyavailablemaynotbedesignatedfor
protectionunderthisOrder.
4. 	Documents Which May be Designated ATTORNEYS EYES ONLY. Any party or
third-party subpoena recipient may designate documents as ATTORNEYS EYES ONLY upon
making a good faith determination that the documents contain information protected from
disclosure by law or that should be protected from disclosure as trade secrets or other highly
sensitivebusinessorpersonalinformation,thedisclosureof whichislikelytocausesignificant
harmtoanindividualortothebusinessorcompetitivepositionofthedesignatingpartythatcould
notbeavoidedbylessrestrictivemeans.
5. 	Depositions. Inthecaseofdepositions,counselforapartyornon-party maydesignate
portions of the transcript (including exhibits) as CONFIDENTIAL or ATTORNEYS EYES
ONLY during the deposition by (1) making a statement to that effect on the record; or (2) by
writtennotice,sentbycounseltoallpartieswithinfourteen(14)calendardaysafterreceivinga
copyofthefinaltranscriptthereof.Alldepositionandotherpretrialtestimonyshallbedeemedto
beATTORNEYS’EYESONLYinformationuntiltheexpirationoffourteen(14)calendardays
aftercounselreceivesacopyofthefinaltranscriptthereof,afterwhichtimethetranscriptshallbe
treatedasactuallydesignated.Thepartiesandanynon-partymaymodifythisprocedureforany
particulardeposition, through agreement on the record at such deposition or otherwise, without
furtherorderoftheCourt.
Transcripts containing CONFIDENTIAL or ATTORNEYS EYES ONLY shall have a
conspicuous legend on the title page that the transcript contains CONFIDENTIAL or
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6. 	Protection of Confidential Material.
(a) Protection of Documents Designated CONFIDENTIAL. Documents designated
CONFIDENTIAL under this Order shall not be used for any purpose whatsoever other than the
prosecution or defense of this action, and of any appeal thereof. The parties and counsel for the
parties shall not disclose or permit the disclosure of any documents designated CONFIDENTIAL
to any person or entity except as set forth in subparagraphs (1)-(10). Subject to these requirements,
the following categories of persons may be allowed to review documents that have been designated
CONFIDENTIAL.
(1) 	Outside Counsel of Record. Outside counsel of record for the parties and employees
of counsel who have responsibility for the preparation and trial of the action,
including, for example, paralegals, and any copying, clerical, or other litigation
support services working at the direction of such counsel, paralegals, and staff,
unless otherwise agreed.
(2) 	Parties. Representatives of the receiving party who are current or former officers or
employees of the receiving party or its corporate parents, subsidiaries, and
ATTORNEYSEYESONLY,andthetitlepageshallbefollowedbyalistofallpages(including
line numbers as appropriate) that have been designated as CONFIDENTIAL or ATTORNEYS
EYESONLYandthelevelofprotectionbeingassertedbythedesignatingparty.Thedesignating
partyshallinformthecourtreporteroftheserequirements.
DuringanydepositiontakeninthisactionatwhichCONFIDENTIALorATTORNEYS
EYES ONLY documents are disclosed or discussed, any party or non-party may exclude from
attendance at the deposition during such disclosure or discussion any person other than the
deponent, court reporter, videographer and persons to whom the information and/or documents
maybedisclosedunderthetermsofthisProtectiveOrder.
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subsidiaries of parents, who may be, but need not be, in-house counsel for the
receiving party, as well as their immediate paralegals and staff, and who are either
responsible for making decisions dealing directly with the litigation in these actions
or who is assisting outside counsel in preparation for proceeding in these actions,
but only to the extent reasonably necessary for this litigation.
(3) 	The Court. The Court and its personnel, a court appointed mediator, and the jury.
(4) 	Court Reporters and Recorders. Court reporters, stenographers, and videographers
retained to record testimony taken in this action.
(5) 	Persons Creating or Receiving Documents. Any person who authored or recorded
the designated document, and any person who has previously seen or was aware of
the designated document.
(6) 	Experts. Experts retained by the parties or counsel for the parties to assist in the
preparation and trial of this action or proceeding, but only if (a) disclosure to such
person is reasonably necessary for this litigation, and (b) after such persons have
completed the certification contained in Attachment A, Acknowledgment of
Understanding and Agreement to Be Bound.
(7) 	Witnesses. 	Deposition and trial witnesses, and attorneys for witnesses, in this
action to whom disclosure is reasonably necessary provided: (1) the deposing party
requests that the witness sign the form attached as Exhibit A hereto; and (2) they
will not be permitted to keep any documents unless they sign a copy of Exhibit A,
unless otherwise agreed by the producing party or ordered by the court.
(8) 	Vendors. 	A vendor hired by a party to collect documents; host data; maintain a
database of electronic data; or perform other work related to the collection, review,
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or production of documents in the case, if the vendor’s employees having access to
the data or documents sign the certificate attached as Exhibit A.
(9) 	Mediator. Any mediator, whether appointed by the Court or chosen by the parties,
assigned to hear this matter, and the mediator’s staff, subject to their agreement to
maintain confidentiality to the same degree as required by this Order.
(10) 	Others by Consent. Other persons only by written consent of the designating party
or upon order of the Court and on such conditions as may be agreed or ordered. All
such 	persons 	shall 	execute 	the 	certification 	contained 	in 	Attachment 	A,
Acknowledgment of Understanding and Agreement to Be Bound.
(b) Protection of Documents Designated ATTORNEYS EYES ONLY. Documents
designated ATTORNEYS EYES ONLY under this Order shall not be used for any purpose
whatsoever other than the prosecution or defense of this action, and of any appeal thereof. The
parties and counsel for the parties shall not disclose or permit the disclosure of any documents
designated ATTORNEYS EYES ONLY 	to 	any person 	or 	entity except as set forth 	in
subparagraphs (1)-(9). Subject to these requirements, the following categories of persons may be
allowed to review documents that have been designated ATTORNEYS EYES ONLY.
(1) 	Outside Counsel of Record. Outside counsel of record for the parties and employees
of counsel who have responsibility for the preparation and trial of the action,
including, for example, paralegals, and any copying, clerical, or other litigation
support services working at the direction of such counsel, paralegals, and staff,
unless otherwise agreed, but only if:
• 	it 	is 	necessary 	to 	disclose 	the 	ATTORNEYS 	EYES 	ONLY
information to such support personnel for purposes of this case;
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• 	they are not parties or affiliates, officers, directors, or employees of
any party to this lawsuit;
• 	they have not been identified in writing in this case by the disclosing
party a either (a) a competitor of the disclosing party, or (b) vendors
or customers of the disclosing party; and
• 	they are under the supervision and control of the parties’ external
counsel for this case.
(2) 	In-House Counsel for Parties. In-house counsel for the receiving party, as well as
their immediate paralegals and staff, and who are either responsible for making
decisions dealing directly with the litigation in these actions or who are assisting
outside counsel in preparation for proceeding in these actions, but only to the extent
reasonably necessary for this litigation.
(3) 	The Court. The Court and its personnel, a court appointed mediator, and the jury.
(4) 	Court Reporters and Recorders. Court reporters, stenographers, and videographers
retained to record testimony taken in this action.
(5) 	Persons Creating, Receiving, or Producing Documents. At a deposition, hearing or
trial, any person who authored or recorded the designated document, and any
person who has previously seen or was previously aware of the designated
document. For avoidance of doubt, a Party may show any document that has been
designated as ATTORNEY’S EYES ONLY by a Producing Party to its designated
representatives at a 30(b)(6) deposition of the Producing Party.
(6) 	Experts. Experts retained by the parties or counsel for the parties to assist in the
preparation and trial of this action or proceeding, but only if (a) disclosure to such
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person is reasonably necessary for this litigation; and (b) after such persons have
completed the certification contained in Attachment A, Acknowledgment of
Understanding and Agreement to Be Bound.
(7) 	Vendors. 	A vendor hired by a party to collect documents; host data; maintain a
database of electronic data; or perform other work related to the collection, review,
or production of documents in the case, if the vendor’s employees having access to
the 	data 	or 	documents 	sign 	the 	certification 	contained 	in 	Attachment 	A,
Acknowledgment of Understanding and Agreement to Be Bound.
(8) 	Mediator. Any mediator, whether appointed by the Court or chosen by the parties,
assigned to hear this matter, and the mediator’s staff, subject to their agreement to
maintain confidentiality to the same degree as required by this Order.
(9) 	Others by Consent. Other persons only by written consent of the designating party
or upon order of the Court and on such conditions as may be agreed or ordered. All
such 	persons 	shall 	execute 	the 	certification 	contained 	in 	Attachment 	A,
Acknowledgment of Understanding and Agreement to Be Bound.
(c) Control of Documents. Outside Counsel for the parties shall take reasonable and
appropriate measures to prevent unauthorized disclosure of documents designated for protection
under this Order.
(d) Copies. All copies of documents designated for protection under this Order, or any
individual portion of such a document, shall be marked with the designation CONFIDENTIAL or
ATTORNEYS EYES ONLY if the words do not already appear on the copy. All such copies shall
be entitled to the protection of this Order. The term “copies” shall not include indices, electronic
databases, or lists of documents provided these indices, electronic databases, or lists do not contain
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substantial portions or images of the text of designated documents or otherwise disclose the
substance of the designated documents.
(e) Inadvertent Production. An inadvertent failure to designate documents under this
Order does not waive the designating party’s right to secure protection under this Order for such
documents. Upon discovery of an inadvertent failure to designate, the designating party shall give
prompt notice to the receiving party and correct the designation. Upon receiving such notice, the
receiving party must make reasonable efforts to assure that the documents are treated in accordance
with the provisions of this Order.
(f) 	Unauthorized Disclosure Of Material. 	If a receiving party learns that, by
inadvertence or otherwise, it has disclosed documents designated for protection under this Order
to any person or in any circumstance not authorized under this Protective Order, the receiving
party must immediately (a) notify in writing the designating party of the unauthorized disclosures,
(b) use its best efforts to retrieve all unauthorized copies of documents, (c) inform the person or
persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request
such person or persons to promptly return or destroy such documents and to execute the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
(g) No Waiver of Privilege. Inspection or production of documents (including physical
objects) shall not constitute a waiver of the attorney-client privilege, work product immunity, or
any other applicable privilege in this or any other state, federal, or international proceeding. After
any party becomes aware of any inadvertent disclosure of material subject to any such privilege,
the designating party may designate any such documents as within the attorney-client, work
product, or any other applicable privilege, and may request in writing return of such documents to
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7. 	Filing of CONFIDENTIAL or ATTORNEYS EYES ONLY Documents Under Seal.
To the extent permitted by the Rules of the Court, Counsel for the party seeking to file to
CONFIDENTIAL or ATTORNEYS EYES ONLY information shall make all efforts to file such
information under seal.
8. 	Challenges by a Party to a Designation for Protection Under this Order.
Any CONFIDENTIAL or ATTORNEYS EYES ONLY designation is subject to challenge
by any party or non-party with standing to object. Such parties do not waive their right to challenge
a designation by electing not to mount a challenge promptly after the original designation is
disclosed. The parties shall have an obligation to meet and confer in a good-faith effort to resolve
any disagreement over designations under this Protective Order. If no agreement is reached, then
the challenging party shall present the dispute to the Court in accordance with the applicable Local
thedesignatingparty.Uponrequestbythedesignatingparty,thereceivingpartyshallimmediately
retrieve,return,anddestroy(asappropriate)allcopiesofsuchdocument(s).Thereceivingparty
shallnotusesuchinformationforanypurposeunlessexpresslyauthorizedbyorderoftheCourt.
Nothing herein shall prevent the receiving party from challenging the propriety of the
attorney-client, work product, or other applicable privilege designation by submitting a written
challenge to the Court; provided, however, that such challenge shall not assert as a ground for
challenge the fact of the initial production or inspection of the documents later designated as
attorney-clientprivileged,workproduct,orsubjecttoanotherapplicableprivilege.Executionand
entryofthisProtectiveOrdershallnotconstituteawaiveroftherightofanypartytoclaiminthis
actionorotherwisethatanydocuments,oranyportionthereof,areprivilegedorotherwisenon-
discoverable,orarenotadmissibleinevidenceinthisactionoranyotherproceeding.
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9. 	Action by the Court.
Applications to the Court for an order relating to any documents designated for protection
under this Order shall be by motion under Local Rules and any other procedures set forth in the
presiding judge’s standing orders or other relevant orders. Nothing in this Order or any action or
agreement of a party under this Order limits the Court’s power to make any orders that may be
appropriate with respect to the use and disclosure of any documents produced or used in discovery
or at trial.
10. 	Use of Confidential Documents or Information at Trial.
If a party intends to present at trial documents designated for protection under this Order,
or information derived therefrom, that have not already been filed under seal pursuant to Paragraph
7, such party shall provide reasonable advance notice to the designating party prior to presenting
the documents at trial, and the parties agree to meet and confer to discuss and, where possible,
narrow the scope of such intended use. Upon request of any party, the Court may thereafter make
such orders as are necessary to govern the use of such documents or information at trial including
sealing such documents and portions of trial or hearings referring to them.
11. 	Material Subpoenaed, Requested, or Ordered Produced in Other Litigation.
If a party is served with a subpoena, public records request, or a court order issued in other
litigation that compels disclosure of any information or items designated in this action as
CONFIDENTIAL or ATTORNEYS EYES ONLY that party must: (a) promptly notify the
designating party in writing; (b) promptly notify, in writing, the party who caused the subpoena or
Rule or Court procedure. The document or information that is subject of the disputed
confidentiality designation shall be treated as originally designated pending resolution of the
dispute.
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12. 	A Non-Party’s Documents Sought to be Produced in this Litigation.
The terms of this Order are applicable to information produced by a non-party in this action
and designated as CONFIDENTIAL or ATTORNEYS EYES ONLY. Such information produced
by non-parties in connection with this litigation is protected by the remedies and relief provided
by this Order. Nothing in these provisions should be construed as prohibiting a non-party from
seeking additional protections.
13. 	Obligations on Conclusion of Litigation.
(a) Order Remains in Effect. Unless otherwise agreed or ordered, this Order shall remain
in force after dismissal or entry of final judgment not subject to further appeal.
(b) Return or Destruction of Documents Designated for Protection Under this Order.
Within 60 days after dismissal or entry of final judgment not subject to further appeal, all
documents designated for protection under this Order and such documents bearing the notations,
summations, or other mental impressions of the receiving party, shall be returned to the designating
party unless: (1) the document has been offered into evidence or filed without restriction as to
disclosure; (2) the receiving party elects to destroy the documents and certifies to the designating
party that it has done so; or (3) the receiving party is required by law to retain the documents.
Notwithstanding the above requirements to return or destroy documents, outside counsel
may retain copies of all pleadings, motions, orders, written discovery, and other papers filed with
ordertoissueintheotherlitigationthatsomeorallofthedocumentscoveredbythesubpoena,
request,ororderaresubjecttothisProtectiveOrder(andsuchnotificationshallincludeacopyof
this Protective Order); and (c) cooperatewithrespect to reasonable measures to preserverights
underthisOrderpursuedbythedesignatingpartywhosedocumentsmaybeaffected.
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14. 	Order Subject to Modification.
This Order shall be subject to modification by the Court on its own motion or on motion
of a party or any other person with standing concerning the subject matter.
15. 	Right to Assert Other Objections.
By stipulating to the entry of this Protective Order no party waives any right it otherwise
would have to object to disclosing or producing any information or item on any ground not
addressed in this Protective Order. Similarly, no party waives any right to object on any ground to
use in evidence of any of the documents covered by this Protective Order. No party waives any
right to move for additional protections when and if needed.
16. 	No Limitations Under Certain Circumstances.
Nothing in this Order shall restrict any party to this lawsuit or its attorneys from disclosing
or using, in any manner and for any purpose, its own documents. Further, nothing in this Order
shall restrict in any way the use or disclosure of documents by a receiving party: (i) that is or has
the Court or exchanged by the parties even though they may contain CONFIDENTIAL or
ATTORNEYSEYESONLYdocumentsorinformationdesignatedforprotectionunderthisOrder.
Outsidecounselmayalsoretainattorneyworkproduct,includinganindexwhichrefersor
relatestodocumentsdesignatedforprotectionunderthisOrder,solongasthatworkproductdoes
not duplicate verbatim substantial portions of the text or images of documents designated for
protectionunderthisOrder.Thisworkproductshallcontinuetobesubjecttotheprotectionsof
this Order in accordance with the applicable designation. This provision does not require
modificationtoanybackupsystemsthatmaybeusedbypersonsthathavereceiveddocuments
designatedforprotectionunderthisOrder.
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17. 	Persons Bound.
ThisOrdershalltakeeffectwhenenteredandshallbebindinguponallcounselandtheir
law firms, the parties, and persons made subject to this Order by its terms (including, but not
limitedto,third-partysubpoenarecipients).
ITISSOORDERED
%BUFEUIJTUIEBZPG/PWFNCFS 
Clare R. Hochhalter, Magistrate Judge
United States District Court
becomepubliclyknownthroughnofaultofthereceivingparty;(ii)thatislawfullyacquiredbyor
known to the receiving party independent of the producing party; (iii) that was previously
produced,disclosedand/orprovidedbytheproducingpartytothereceivingpartyoranon-party
withoutanobligationofconfidentialityandnotbyinadvertenceormistake;(iv)withtheconsent
oftheproducingparty;or(v)pursuanttoOrderoftheCourt.
T$MBSF3)PDIIBMUFS
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
ASTRAZENECA
PHARMACEUTICALS LP,
Plaintiff,
v.
DREW H. WRIGLEY, in his official
capacity 	as 	the 	Attorney 	General 	of
North Dakota;
and
CAROLYN 	BODELL, 	TANYA 	L.
SCHMIDT, 	TYLER 	G. 	LANNOYE,
SHANE 	R. 	WENDEL, 	KEVIN 	J.
OBERLANDER, 	DIANE
HALVORSON, and RON HORNER, in
their official capacities as Members of
the North Dakota Board of Pharmacy;
and MARK J. HARDY, in his official
capacity as Executive Director of the
North Dakota Board of Pharmacy,
Defendants.
Case No: 1:25-cv-00182-DMT-CRH
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order entered in
the above-captioned action and attached hereto, understands the terms thereof, and agrees to be
bound by its terms. The undersigned submits to the jurisdiction of the United States District Court
for the District of North Dakota in matters relating to the Protective Order and understands that
the terms of the Protective Order obligate him/her to use documents designated CONFIDENTIAL
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Name (Print): _________________________________________
Signature: ____________________________________________
Date: ________________________________________________
or ATTORNEYS EYES ONLY in accordance with the Order solely for the purposes of the above-
captioned action, and not to disclose any such documents or information derived directly therefrom
to any other person, firm or concern.
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
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