Judge: Keri G. Katz, Case: 37-2019-00020943-CU-BC-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2019-00020943-CU-BC-CTL ELI LILLY AND COMPANY VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF OF THE UNIVERSITY OF CALIFORNIA SAN DIEGO CAMPUS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff/Cross-Defendant Eli Lilly and Company's unopposed motion to seal filings pursuant to this court's order of June 20, 2023, is GRANTED. CRC 2.550, 2.551.

The court finds Lilly demonstrates that the overriding interest of protecting the confidentiality of confidential, proprietary, and/or commercially sensitive information regarding contract terms and other information regarding the A4 Study, its administration, finances and budget and Lilly's planning and internal management of studies overcomes the right of public access to the record and that this overriding interest supports sealing of the record. CRC 2.550(d)(1) and (2). NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178 and Universal City Studios, Inc. v. Superior Court (2003) 110 Cal.App.4th 1273. The court also finds that there is a substantial probability that protection of the confidential information will be prejudiced if the record is not sealed, that the proposed sealing is narrowly tailored and that no less restrictive means exist to achieve protection of the confidential information. CRC 2.550(d)(3), (4) and (5).

Based on the foregoing, the court directs the clerk to file the unredacted versions of the following redacted filings with a security setting so as to prevent public access to the unredacted filings. The court further directs the clerk to date the unredacted filings with the date of the filing of the redacted versions.

ELI LILLY AND COMPANY'S STATEMENT OF DISPUTED ISSUES FOR MARCH 10, 2022 INFORMAL DISCOVERY CONFERENCE [redacted version at ROA 646] DECLARATION OF MOLLY L. WILTSHIRE IN SUPPORT OF DEFENDANT-CROSS CLAIMANT THE REGENTS OF HE UNIVERSITY OF CALIFORNIA'S STATEMENT FOR MARCH 10, 2022 INFORMAL DISCOVERY CONFERENCE [redacted version at ROA 650] PLAINTIFF AND CROSS-DEFENDANT ELI LILLY AND COMPANY'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 752] PLAINTIFF AND CROSS-DEFENDANT ELI LILLY AND COMPANY'S EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 753] PLAINTIFF AND CROSS-DEFENDANT ELI LILLY AND COMPANY'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 754] Calendar No.: Event ID:  TENTATIVE RULINGS

2993730  4 CASE NUMBER: CASE TITLE:  ELI LILLY AND COMPANY VS THE REGENTS OF THE UNIVERSITY OF  37-2019-00020943-CU-BC-CTL DEFENDANT AND CROSS-CLAIMANT THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S EVIDENCE IN OPPOSITION TO ELI LILLY AND COMPANY'S MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 781] THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S OPPOSITION TO ELI LILLY AND COMPANY'S MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 782] DEFENDANT AND CROSS-CLAIMANT THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S SEPARATE STATEMENT IN OPPOSITION TO ELI LILLY AND COMPANY'S MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 783] PLAINTIFF AND CROSS-DEFENDANT ELI LILLY AND COMPANY'S REPLY IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION [redacted at ROA 789] THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR JUDGMENT ON THE PLEADINGS OR, IN THE LATERNATIVE, SUMMARY ADJUDICATION [redacted at ROA 841] DECLARATION OF MOLLY L. WILTSHIRE IN SUPPORT OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR IN THE ALTERNATIVE SUMMARY ADJUDICATION [redacted at ROA 843] ELI LILLY AND COMPANY'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR INSPECTION, SET SIX; MEMORANDUM OF POINTS AND AUTHORITIES [redacted version at ROA 669] PLAINTIFF AND CROSS-DEFENDANT ELI LILLY AND COMPANY'S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION TO COMPEL FURTHER RESPONSES TO LILLY'S SIXTH SET OF INSPECTION DEMANDS [redacted version at ROA 670] DECLARATION OF NICHOLAS J. BEGAKIS IN SUPPORT OF ELI LILLY AND COMPANY'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR INSPECTION, SET SIX [redacted version at ROA 671] THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MEMORANDY MOF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF-CROSS DEFENDANT ELI LILLY AND COMPANY'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR INSPECTION, SET SIX [redacted version at 685] THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S SEPARATE STATEMENT IN SUPPORT OF ITS OPPOSITION TO LILLY'S MOTION TO COMPEL FURTHER RESPONSES TO LILLY'S SIXTH SET OF INSPECTION DEMANDS [redacted version at 688] JOINT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF: (1) THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MOTION TO COMPEL FIRST AMENDED CROSS-COMPLAINT AND DIAN-TU DISCOVERY FROM LILLY; (2) UNIVERSITY'S MOTION FOR PROTECTIVE ORDER RE: DEPOSITION OF PMQ; AND (3) ARENTFOX SCHIFF LLP'S MOTION TO QUASH SUBPOENAS [redacted version at ROA 699] DECLARATION OF MOLLY L. WILTSHIRE IN SUPPORT OF: (1) THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S MOTION TO COMPEL FIRST AMENDED CROSS-COMPLAINT AND DIAN-TU DISCOVERY FROM LILLY; (2) UNIVERSITY'S MOTION FOR PROTECTIVE ORDER RE: DEPOSITION OF PMQ; AND (3) ARENTFOX SCHIFF LLP'S MOTION TO QUASH SUBPOENAS [redacted version at ROA 700] Calendar No.: Event ID:  TENTATIVE RULINGS

2993730  4 CASE NUMBER: CASE TITLE:  ELI LILLY AND COMPANY VS THE REGENTS OF THE UNIVERSITY OF  37-2019-00020943-CU-BC-CTL PLAINTIFF AND CROSS-DEFENDANT ELI LILLY AND COMPANY'S OBJECTIONS TO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S EVIDENCE IN SUPPORT OF ITS OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION [redacted version at 790] No motion to seal has been filed as to the following unredacted filings: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S OPPOSITION TO ELI LILLY AND COMPANY'S OBJECTION TO REPORT OF DISCOVERY REFEREE [redacted version at ROA 770] DECLARATION OF MOLLY L. WILTSHIRE IN SUPPORT OF THE REGENTS OF THE UNIVERSITY OF CALIFORNIA'S OPPOSITION TO ELI LILLY AND COMPANY'S OBJECTIONS TO REPORT OF DISCOVERY REFEREE [redacted version at ROA 771] Therefore, the court directs the clerk to place these unredacted filings in the court public file.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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