Cadence Pharmaceuticals, Inc., et al v. Fresenius Kabi USA, LLC, 3-13-cv-00139 (CASD December 10, 2013, Order) (Dembin, M.J.)
Thursday, December 12, 2013
Expert’s Refusal to Disclose Prior Consulting Engagements Bars Access to Confidential Information
The court denied defendant's motion to allow its expert to review plaintiffs' confidential information under the parties' protective order because defendant's expert would not disclose his consulting history. "[Defendant's expert] has refused to produce the names of the companies with which he has consulted during the past six years claiming that he is bound by confidentiality agreements prohibiting such disclosure. . . . The Protective Order was the product of negotiation between the parties. The provision at issue is not ambiguous. . . . If Defendant wishes to disclose Plaintiffs’ confidential information to [its expert], [his] prior consulting history, as required at paragraph 9(g), must be produced to Plaintiffs."