Case Information
*1 Case 3:15-cv-00233-HDM-WGC Document 32 Filed 08/19/15 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA IN RE APPLICATION OF: BECTON DICKINSON GmbH AND BECTON DICKINSON AUSTRIA GmbH FOR THE TAKING OF THOMAS C. KURACINA’S DEPOSITION AND FOR THE PRODUCTION OF DOCUMENTS FROM THOMAS C. KURACINA AND INJECTIMED INC., FOR USE IN A FOREIGN PROCEEDING UNDER 28 U.S.C. § 1782(a) _________________________________ ) ) ) ) ) ) ) ) ) ) 3:15-cv-00233-HDM-WGC
ORDER
Before the court is petitioner Becton Dickinson GmbH and Becton Dickinson Austria GmbH’s emergency motion to de-designate documents marked confidential and memorandum of points and authorities (#27). Respondents Thomas C. Kuracina and Injectimed, Inc. filed a response (#30).
The court, having considered each of the documents, and good cause appearing, finds as follows:
1) The documents the subject of the current motion are “private materials unearthed during discovery,” and therefore the appropriate standard of consideration is “good cause.” See Pintos v. Pacific Creditors Ass’n , 605 F.3d 665, 678 (9th Cir. 2009); Kamakana v. City of Honolulu , 447 F.3d 1172, 1178 (9th Cir. 2006).
2) In determining whether good cause exists to permit the designation of materials as confidential, the court must “balanc[e]
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*2 Case 3:15-cv-00233-HDM-WGC Document 32 Filed 08/19/15 Page 2 of 2 the needs for discovery against the need for confidentiality.” Phillips ex rel. Estates of Byrd v. Gen. Motors Corp. , 307 F.3d 1205, 1213 (9th Cir. 2002). The court finds that petitioner has made an insufficient showing that the need for discovery of all of the material contained in the subject documents outweighs respondent’s need for confidentiality. Therefore, the court hereby DENIES petitioner Becton Dickinson GmbH and Becton Dickinson Austria GmbH’s emergency motion to de-designate the documents that are the subject of the current motion.
IT IS SO ORDERED.
DATED: This 19th day of August, 2015. ____________________________ UNITED STATES DISTRICT JUDGE
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