Alto v. Sun Pharmaceutical Industries, Inc.

Background

Sun Pharmaceutical Industries, Inc. asked to seal a letter seeking permission to withdraw one expert and replace him with another. The filed version redacted the expert’s name and information about the expert’s medical condition. The defendant also asked to identify a substitute expert for Mr. Zisa.

Sealing ruling

The court applied the general presumption that judicial documents should be publicly accessible. It explained that sealing requires specific findings showing that closure is essential to protect a higher value and is narrowly tailored. The court concluded that the defendant overcame that presumption for the redacted medical information. It therefore granted the defendant’s March 18, 2021 motion to seal and directed the Clerk of Court to terminate the motion at Docket No. 97.

Expert-substitution ruling

The court granted the defendant’s request to identify a substitute expert and serve that expert’s report by April 16, 2021. To reduce possible prejudice to the plaintiffs, the substitute expert had to receive the identical assignment given to Mr. Zisa, could review only materials available to Mr. Zisa, and could rely only on materials Mr. Zisa relied upon.

The court set April 30, 2021, as the deadline for deposing the substitute expert. It set July 8, 2021, as the deadline for both parties’ expert witnesses’ direct-testimony affidavits. The plaintiffs’ Daubert motion concerning Mr. Zisa was denied as moot. The plaintiffs were allowed to file a new Daubert motion concerning the substitute expert, with the motion due May 28, 2021, the defendant’s opposition due June 11, 2021, and the plaintiffs’ reply due June 25, 2021. The court also adjourned the final pretrial conference from May 21 to July 22, 2021, at 3 p.m. Judge Gregory H. Woods directed the Clerk to terminate the motions at Docket Nos. 58 and 97.