IN THE DISTRICT COURT OF CLEVELAND COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, ex rel., MIKE HUNTER, ATTORNEY GENERAL OF OKLAHOMA, . . SETS OF A n. Plaantiff, . - dorm I V5. FI-1 (1) PURDUE PHARMA FEB 2 5 2019 (2) PURDUE PHARMA, (3) THE PURDUE FREDERICK (4) TEVA PHARMACEUTICALS USA, (5) JOHNSON A IANSSEN PHARMACEUTICALS, (3) PHARMACEUTICALS, INC, EMA JANSSEN PHARMACEUTICALS, (9) JANSSEN PHARMACEUTICA, INC, EMA IANSSEN PHARMACEUTICALS, ALLEROAN, PLO, ERA ACTAVIS PLC, in the of?ce of the Court (Stork MARILYN WILLIAMS Case No. REDACTED FOR PUBLIC FILING VERSION EILED ERA INC, Etta WATSON UNDER SEAL PHARMACEUTICALS, {11) WATSON LABORATORIES, {12} ACTAVIS and (13) ACTAVIS PHARMA, INC, Hide WATSON PHARMA, INCL, Defendants. THE STAT MOTION FOR DEE-DESIGNATION ALLEGED CONFIDENTIAL DGCUMENTS AND BRIEF IN SUPPORT The State of Oklahoma (?State") moves for an order from this Court tie-designating doetunents that Defendants Jenssen Inc. and Johnson A: Johnson {eolleetitrely have produced in this litigation, yet Impmp?l?lj' marketi as ?con?dential? under the Protective Order in order to unjusti?ahiy shield this information from the eyes of the public. With this Motion, the State asks this Court to end seetee}r onee and for all. BACKGROUND In Dcteher 201?, the President ef the United States, Donald I. Trurnp,_ declared the epieid crisis a natienal Public Health Emergency, effective Speci?cally, the autheritsr rested in him ?by the Caustitutien and laws at" the United States at President 'J?rump dcclarcd it ?shall he the pellet,r ef the United States te use all lawful rneaus te cerahat the drug demand and epieid crisis afflicting eur Accerding te President Trump, drug ?werdeses new kill rnere Americans than. meter vehicle crashes er gtma'elated incidents, and mere than 300,000 Aincri?cans have died at an epieid ererdese since 2000.?3 Simply put, this public health crisis is ?the deadliest thug epidemic mis ceuany has ever seen.?4 Gldahensa has sulfered disprepertienately freer this public health crisis. rte prescriptien epieid sales increased thutfeld Frern 199? te 2006:, deaths 'lhllewed ena parallel track: La -- 1- new: it? a -- sense "40.00? . . 't-ass-t Less 1utr- use? was 1:93 new 1031 Ice: awn-1 rem sees sees Yea? a P. meenerrmerd? {reattaper 100.000 mul?m {mi-aid yarns anti par menu papuIa?Jm Eternthaper ?00,030 +?nteie Flgure 1. Unintentienal medica?en-related ererdese death rates and tetal sates er npleldr?s by year. 1994?2000 Prern 1999 te 2012, drug overdose deaths in Uitlaherna in en: ascd eightfeld, surpassing deaths i?retn See PresidentialMemerandum fer the I'Iearis ei? Executive Departments and Agencies (Oct. 2:3, 201?), rJ1=etf?5te at 3 Id. Uni 4 Opening State?tent nt? Attemey General .Ieff Sessiees Bet?ete. the 311MB: Judiciary Cenrrnittee [Ont 13: 3917]:- erer'lehie at centerftr?ee. Harv-Hlxian'x nu'lr. I: her .l I n- r-I-tera-Ia'hl I've-11w? en. motor vehicles? In 2012, Oklahoma had the fifth-highest unintentional poisoning death rate and prescription opioids contributed to the majority of these deaths.?5 in 2014, Oklahoma?s mintentional poisoning rate was 107% higher than the national rate.T There are more prescription drug overdose deaths each year in Oklahoma than overdose deaths from alcohol and all illegal drugs combined} Oklahoma leads the nation in non~medica1 use of opioid painkillers? And, in 2016, Oldahoma ntunber one in the nation in milligrams of opioids distributed with apiiresimatelv 37? milligrams per adult resident. 1? In the midst of this Public Health Emergency, Oklahomans deserve answers. Ont Legislahnre, Governor, policjnnakers and doctors need to lrnovv the truth. about hov.r one particular company, Jdal, inserted itself into our State and sought to in?uence ever}r op?ioidsrelatcd decision the State made or considered??our scheduling to swallowing. This need exists new more than ever because our Legislature is currently in Session, and Lhat Session will end as this trial begins. By then it will be too late. 1irret, .ldtJ continues to ?ght to keep these answers concealed. In the dark. so. rav from the public.? In his Public Health Emergency Declaration and subsequent speeches on the issue, President Trump has called on ?every state, local, and Federal agency? to take up arms in cornhatting this Pnhlic Health Emergency.? The Oklahoma Legislature has enacted numerous Bills aimed at addressing this crisis and cleaning up the catastrophe Defendants created over the 5 reason. ils. *5 at, s23. Ha, 11:14. ra,1ns. 9 Int, 1'3 Id. 1126. as demonstrated below, Jdel continues this course despite the plain fact that. Jd?cJ cannot meet its burden of establishing that documents regarding products and. entities it divested itsel?i?el? in 2016 are entitled to anyr ulntection, let alone establishing ?good cause? by showing the particular harm or prejudice that will occur if the designation is removed. '3 See Remarks hv President 'i'iurnp on {Joint-ailing the Opioid Crisis (tartar. I9, avaiiefds at Iw-rw-u -- Mun-sweets- hull. 3-. . ram- lair-mp . past Legislative Sessions. rind, the Legislature is currently considering more and more legislation in the current Session. See Exhibit 6. However, te-date, LELJ has managed to shield from public scrutinyr Mel?s intilu'atien of every level of local, state and national goverlunent. The legislature most certainly deserves to be full}.I informed of the facts revealed in this litigation in order to continue its urgent efforts to fight this Public Health Hmergency. New. In the current Legislative Session. Before another Bill comes to the Floor. Before another life is lest. The public, just like the Oklahoma Legislature, deserves tn knew the full extent of efforts to in?uence policymakers at all levels of government in order to increase sales of their (and their corennspirators?j drugs. The public recently received a glimpse into the answers to these questions, when the Complaint against Purdue ?led by the Attorney General of the Commonwealth of Massachusetts became public. 1" The revelations in the Massachusetts Complaint but the world on notice about Fredric. And, the public that followed, including protests by those who lost their 1e ved ones to Defendants? {l?adi}? scheme, was deafening.? It is sad that Oklahomans have to learn about this case from a document tiled in Massachusetts because of improper confidentiality designations. But, it is even sadder that the policymakers of this State have no idea about the role Rel played in creating the crisis in Oklahoma. Me] was there arm-in?arm tvith Purdue (and Tova] the whole way. However, the public disclosure ofPurdue?s sinister actions is adrep in the bueiret comp steel to the evidence generated in this litigation, demonstrating precisely how trial?a ?family eetnpanv??acted as the kingpin behind this Public Health Emergency, pro?ting at ever},r stage. ?3 Sec, cg, Lcevsar'r Details Ho iv The Secretary Family allegedly Brat! an Cay?eerin Furriers (Feb. 1 2019), available at ?lrni [v-al] egedljv-huiltn See. eg, N?f'i?imeseent, Guggenheim targeted by Protesters for accepting Money Free: Family With Ties (Feb. 9, 2m available at ween-u nu I HI-MI I mr'l'! mil-Hr n' Indeed, the puhlie is onlj,r new learning that eeneesling the deadlg.I and known risks assneiated with its products represents the modes sperm-2dr of Jdt], as the U3. Depar?nent of Justiee has noter issued subpoenas to Mt} regarding undiselesed tests eentlueted in the 197135 about the risk of eaneer that aeeon?rpanies halt}r powder predaets .15 and eernplete exposure to the public. of J&J*s11rirnarjr role in ereating this puhiie health erisis has heeome paramount. With this Motion, the State asks this in the name of the nuhhe health of Oklahoma eitisens?te end seereej.r and hring this urgent information to publie iight. The puhlie and policymakers should lolew whether any of the following oeeurred at the direetion of MEI (of worse. if they did not then Jt'frJ should have no problem agreeing to trial-re all of its deeurnents publie}: I Did Mal target ehildren? - Did ran target Veterans returning deployment? i Did Mel target the elderly? a Did list] deploy sales representatives to Oklahoma, like Purdue did';I I Did bloek legislation and regulator}r ae'lien aimed at limiting opioid atuilability? I ?neutral? third parties as part of its internal marketing plan? a Did Jar partner with Purdue? These are questions to wiueh the nubile and Oklahoma pelieymakers deserve urgent answers. And, these answers are eurrentiy hidden behind improper eon?dentiality designations that this Court earl end by granting this Motion. A Few examples demonstrate the urgeney and puhiie import efsueh an aetion by this Court. '5 See, eg, DEM and SEC rnegoeno Johnson Johnson rate powder asbestos prose (Feb. 21, 2019). graduate er . mun-urn- A - fraud-:1. . 1. Flu-L: nem'w ?law-w- nre wru- run-pen - .dw-IcI'IcIr- vu Ht In his Public Health Emergency Declaration, President: Trump identified children as among those most ?devastated" by this public health crisis.1E lint to?clate, the public has not seen the full truth?that Ids] speci?cally in its campaign to addict ?tc its deadly heroin pills and patches. Not just any There is nothing confidential, proprietary, or moral about dti?s campaign to target in order to increase its drug sales. ?Dldalicma?s most yulnerabie populations-? _?-dcserye to brew this information in order to protect from becoming the nest victims of addiction andior death, courtesy of sc-called ?Family company.? So does the Legislature. And allowing to continue to suppress this truth not only belies President Trump?s call to action, but it puts the lives oi Oklahomans in danger. In his Public Health Emergency Declaration, Fresidcnt Trump informed the that. ?since the 1990s, there has been a dramatic rise in opioid pain medication prescriplionsf"IT But to- date, .ldiLJ has managed to shield from public scrutiny that it was a web of ?n?eign and domestic wholly owned Mal subsidiaries, including 'liasmanian Alkaloids Pty Limited Alkaloids?) and Moi-amco, Inc. that created, grew, imported and supplied to 1ch and its other co-conspirators, including Purdue, the narcotic raw materials necessary to manufacture the opioid pain medications thrust upon the unsuspecting public since the 1990s. There is nothing con?dential. or proprietary about these facts. indeed, in the midst of the public backlash ever this crisis, 1&1 dis ested itself of its global ?pain management franchise,? and these supply?chain entities speci?cally, in Bill ti. 1% faces no competitive disadvantage by publicly disclosing iu?mnation about these companies it no longer owns. The public, on the other hand, deserves to know the face and name of the source, supplier ?5 See Presidential Memorandum for the Heads of Executive Departments and Agencies {Oct 26, EU marr'ieiris or ?7 Hes Presidential Memorandum for the Heads of Executive Departments and Agencies (Get, as, ll?IT}, miniiebie er .n --.I- uni-1r wu?rrw 1ms? - l' .?fa I: lysi- r: ?an-HI 'u n-mr-h'. mahand kingpin responsible for flooding and infecting this centrist},r with an unprecedented surplus of deadly a ?family company." President Trump?s Public Health Declaration called on all US. departments, agencies and authorities to ?exercise all appropriate emergency authorities . . . to reduce the number of deaths and mimmiae the devastation the drug demand and opioid crisis inflicts upon American communities?? President Trump has since pledged that ?[d]eleating this epidemic will require the commitment of every state, local, and Federal agency. Failure is not an option. addiction is not our future. . . . And we pledge to honor the memory of those you lost with action and determination and resolved?? President Trump further rightfully declared that this crisis ?can affect anyone, and that?s why we want to educate e?vergrotiePE-ll This Motion scales to execute the President? a rnaudate-n?to honor those who have tragicallyr lost their lines and protect those at rislt of losing their lives in the future through action, determination and resolve. Given the Public Health Emergency that this country, and the State oi" Oklahoma in particular, now laces, the public interest in education about the opioid crisis?Who caused it? Why? When? liowil?c an no longer he denied. The citizens of Oklahoma, the regulators of Oklahoma, and the Legislators of Oklahoma urgently need the mfoirnation 1351 is concealing. in the interest of the public health, safety, and polio}r of Oklahoma, the State respectfully requests that the Court enter an Order that deadesignatcs each document produced by in this litigation that was created prior to Jul}! 2016, the date by which his} completely divested itself of its entire ?pain management franchise.? The public interest. in this intermation is urgent, enduring and overndielming. And, there simply is no credible argument that this information represents a 1? Sea Presidential Memorandum for the Heads ol' Executive Departments and Agencies (tiict. 2+5, REIT), misdeeds at 1* See llermuks by President ?ll-Limp on Combattin the Opioid lCrisis (Mar. 19, 33MB), messes er ?les lei {emphasis added}. 'r:l nun-JV - 1.11: swam-fwd -: Mr ?agar-puf?n- LA unsure-It- .i 'mrmd-lw?H' . :3 -.I .qu-uw1.1.- trade seetet, the diselosure of whieh would subjeet his} to imminent eornnetiti'tre harm, as rial no longer owns the drugs and entities addressed by these plainly 2016 doeuments. THE DUCUMENTS AT ISSUE- r?ts the Court is well aware, the State brings this aetion in the puhlie interest of its residents for harm stemming from Delendants? promotion, marketing, and sale of opioid drugs. In partieular, among its other elaims, the State has brought this aetion in order to abate the publie nuisance that has endangered the comfort, repose, health and safety To facilitate diseouery, the Court entered a Protestive Order that allowed the parties to designate as ?Con?dential? or ?ilighlj,r Con? dentitil" doeuments eontaim'ng the following: information prohibited from disolosure by law, eon? dentist researeh, trade seetets, medieal information, personal identity information, tan information, and persennelfemp'loyment reeords of non-patties. See Protective Order, 2. During the eourse of discouety, 33d has produced millions of pages of doeuments. At almost every turn, Jch' has blanketsdesignated Lhe vast majority oi" these doeuments as ?Con?dential? under the Proteetitre Order. The State predieted this would happen and explained to the Court that blanket designations by Defendants would result in blanket ehallenges by the Seas: Blanket designations are what are going to hill this ease, beeause if they send us blanket designations, we?re going to blanket ehallenge. and we would be entitled to do it, beeause they?re going to have to tell us whieh. are the doeuments bear the burden to show the sense protestion whieh of those doeuments actually warrant proteetion. Marsh 9, 2018 Hearing Trans. at 8124-9, Exhibit 1. Given the magnitude, and importanee of the Publie Health Emergeney the State of Oklahoma ?nds itself in due to the serious of Defendants?often led at organised by Jeni?the time has some that Mel?s pmetiee of eloalting its aetions in seereejr end. To do so, and in keeping 11 Sea Okla. sea. titdram/?Jail: .- Jmumml'nwdv'h'?" nmr?umnarlnl .1- ?lm-u amt-w; Lam-um; I. my? with the on". to aetion by President Trump deserihed above, the State speeitiealljr seeks an Order from this Court that tie-designates eaeh doetunent pmdueed by 33:1 in this litigation ereated. prior to Inlj.J 2Llit3, when divested itself of its ?pain management franehise." For these documents, there simply is no eelorahle claim of ?competitive harm? to his} that eouht materialize following their di selesure. the State has attaehed representative examples of the types of doeuments that has wrongtuily designated as eon?dential to this Motion. Sueh documents inelude the following: ?rsts-armrest as a) This is a slideshew presentation prepared by the a pro-opioid eeho ehanther ereated by rat that seeics to promote opioid use hp intiueneing policy. One of the slides was a list at 35? Exhibit 2 (emphasis in original}. at erideneed by This doeutnent, Defendants? preseription opioid disinformation earnpsign eontinued to seareh for new users of their prodnets. in perhaps one of the most reprehensible documents produoed Defendants, this shows the depths to whieh Mel would go to earn a prolit on their peanuts?teet?m gems-n use {and addieted to] opioids. The State alleges and the esirlenee demonstrates?that Defendants relied on members of the medieal eemmnnitj; and seemingly unaf?liated and impartial organisations to promote opioid use. See Petition, 59-63. Defendants utilized and funded these organizations to spread their misrepresentations is}; downplayhtg the risks of addiction of opioids and the bene?ts of use for eonditions like ehronie pain. M. laundering its faise marketing through reputable third parties, eloalted its messaging infatnt-eredihility. Defendants funded, directed, and eentrelled several -.- sueh organizations, and certain of Defendants? key npininn ieeders else served in serious teies fer these organizations, including as heard members and of?cers. In this regard, Mel prndueed {101311111th entitled This dnenment shows 11 chest in which 1&1 identi?ed See Exhibit This chart reveals the extent tn whieh Defendants with the This is a slideshow presentation in whieh Defendants expressed their desire to, inter trite: ?Exhihit 4. Within this presentation is a slide entitled wherein tents its relationship with - note the and JSLI also tents the tact that it and ?Lastl?.rE .1351 acknowledges that it and.? The State alleges Defendants engaged in a eenspiraey to ere'ate a pnhlie nuisanee in eenjnnetion with their marketing, sale, and distribution of opioids into Oklahoma and its this was done in oi?" Defendants? etfert to sensed the opioid mod-{st for their own sel?sh gain,_ regardless of the devastating eonseqnenees to the State and its residents. This slide. shows ?rJAN?MS?e2sesa as some was mass by as Exhibit 5. The report contains a seetion entitled Id. at 13 (emphasis added}. The States Petition details how Dei?endants? and misleading preserlptien opioid marketing eampaign has eansed a devastating pnhlie health erisis in Oklahoma. ?l?hese doeuments are but emhlematie snapshots of the ongoing problem Despite the-obvious puhlie health eoneerns raised by these doeumenls, Defendants have asserted a claim of een'f'identialitji,r pursuant to the 11 I I-MII er'cI-tmaw a: - Ill: Protective Order. This abuse of the ?con?dentiality" designation should be overturned. None oi? the foregoing documents remotelj.r constitute ?con?dential? information, as that term is de?ned by the Protective Order. But, these documents only represent a small sample of the millions of pages ids] has hidden from public view behind its spurious claims of ?con?dentiality.? With the policymakers and citizens ol~ Oklahoma in a dire and unprecedented state ofneeding to understand the truth behind this public health emergency, the State respectfully aslrs the Court to end Mali-s secrecy. This important and publicly necessary action can be accomplished by striking Mel?s con?dentiality designations for the representative examples attached hereto, along with all documents produced by an that were created prior to Juljr 2016, when Ids] divested itself of its global ?pain management Franchise.? I. Standard The Protective Order states that information can be designated ?con?dential? if it contains information prohibited from disclosure by law, confidential research, trade secrets, medical information, personal identity information, tax information, or personneliernployment records of non-parties. Protective Order, 1] as the designating party, has the burden of estahli shing that the material whose designation is challenged is entitled to protection. ties Okla. Stat. tit. 113, Jim must establish good cause? by showing the particular harm or prejudiee that will oeeor if the designation is removed. Crest Infieiti, He. Swirtien, 2007 OK 1117, 174 P.3d 1004. Idol must demonstrate the specific horse on prejoa'ice with specific ?teiinii rather than broad, c'onclusory allegations of harm. See id. (?We agree that petitioners must show more than these blanket statements to satisfyr their burden for a protective in determining whether good cause exists, a court examines a number of factors, including whether the inibrmation is important to public health and safety. See, an, Wiggins v. Barge, 173 17.111). 226, 12 d-nsu-UMIm tum Tarnw-lew wWWtu-r'VJ-r'I-tw ww-r-u-rmnut PM in.? nu? in. l- .- m. lantern? .- -- 229 (H.131. 111. 1997}, ?If con?dentialityr is sought ever in?mnatien important to public health and safety, or other issues of public import, that weighs against con?dentiality.? Davis v. Sterwoeo? Hotels and Resorts Worldwide, Inc, No. 3:12?1915, 2013 WL 12310035, at *1 (MD. Pa. Oct. 31, The State challenges all documents designated as ?eeni'idential? by in this matter created prior to 2016 when divested itself of its global ?pain management ?anehisc,? The public deserves and has a right to learn and understand 3ch1 a true role in creating this public health crisis. 1er has not and cannot meet its burden to overcome this challenge. ARGUMENT At the onset, public policy favors the public nature of court proceedings and access to judicial records. See Collier v. Reese, 2009 UK as, 19, 21, 223 P.3d see, 9?14-76 [recognizing presumption of public access to judicial preceediu gs and that ?judicial records of the state should always be accessible to the people for all proper purposes. . 75 Am. Int. Ed Erie-l 1315 {noting ?strong prestunpticn? of public access to court proceedings and records)? As shown below, the documents Jdel has produced in this litigation should he tic-designated because, subject to the foregoing pelicy? and the requisite burden under materials .1de has produced do not qualify as ?con?dentia and Hal cannot establish any specific harm from their tie-designation. TI. Jt?rl?s Pro-July 21116 Documents Are Not Confidential and Should Be Ila-Designated As discussed above, the State of Oklahoma {like the rest of the eountrv} is in the midst of a deadlj.r public health crisis due to Defendants? decades-long campaign to oversupply this State with deadly and addictive drugs. The public need and interest in education about and understanding 5'3- Scetlon parallels its federal counterpart, Rule 26 of the Federal Rules of Civil Procedure. Thus, ?nderal decisions are Hall Goodwin, 1939' UK EH, ll 7, 7"?3 P.2d 29 l, 293. ?3 Cheaper-e Stream? v. Heaimeuu', 2013 OK 1136, 1 2, 3 15 P.3d Willi, 1009 {?Sealing a public record should be a very rare event that occurs in onlg.r the most compelliw of (Taylor, dissenting). 13 wrap-mun: :un-u-a?HI. masseuse i' 1. gaunt- was mun-n. Its-Inw- nev?e-um an ot?how Defendants victimized Oklahomans to create this public health crisis is plain, palpable and overbearing. The President has declared this crisis a Public Health Emergency and called on all those with the authority to do so to take action, with resolve and determination, to end this crisis through, inter cite, education and information.? The State of Olrlahoma, by and through the Attorney General, are taking such action and asking this Court to do so too -- by forbidding ic'ieci from continuing to shield this critical information in darkness and out of public view. As the supplier and source of the materials used to inauulheture these opioid drugs, Sci-e a ?Family acted as a ringleader in Defendant-s? scheme. Yet, as public scrutiny over the actions of the opioid manufacturers, including Defendants here, began to mount, deli elected to divest itself of its opioidareiated assets. Speci?cally, in April 2015, 1&1 announced its complete divestiture of its ?agship oploid?Nueynts.25 By July 1, 2015, Jri'cJ had sold its ?opium poppy processi rig? and global supply-chain subsidiaries, Tasmanian Allraloids and Nor-amen, to. a private investment company.?5 rind, only other opioid product, Duragesic, went off patent over ten years ago, at which time his] entirely stopped promoting the drug due to generic competition. As such, Jeti faces no present competitive disadvantage from the public disclosure of its internal records relating to opioids created prior to July 2016. Nevertheless, Mail has designated millions of pages of such documents as ?confidentia under the Protective Order in this litigation. Such designations are frivolous and an assault on the very command ol? President Trump. With no further proprietary interest in the opioid business, J&i cannot meet its burden to 3? See Remarks by President Trump on {Jombatting the Opioid Crisis (Mar. 19, sentinel-s or 35 See Janssen Pharmaceuticals. inc. Completes Divestiture ol" US. License Rights to [tapentadolj, Nllt'ti??'ind?e ER {tapentsdolj amended-release tablets and (lapentadol) Oral Solution to Denomed, Inc. [ftp . 2, 2015], oroiloMe or completes-d iv estiture-of-ns-lieense-ri e-tablets- Sc?, sgz, Gareth Macdonsld, US interior buys Mail-r opi'ore business and urine-traces restructuring (July Edie), available of id and? - tin-I" new . "Wu" .I'rJ'w-uw- -- . ?an: justify keeping them in the dark. The only conceivable basis for doing so has been non-existent since July 2cm. Yet, Mitt] persists in attempting to keep this infotmation hidden. Jd'cJ publicly casts itseiif as a ?family company? dedicated to ?cornrnunities:"1th ARE RESPONSIBLE TO THE COMMUNITIES IN WHICH WE LIVE AND WORK AND TO THE WORLD COMMUNITY AS Out C. 1" Such statements only beg the question: if Mal has nothing to hide. why is it ?ghting so hard to Iteep its involvement in creating the opioid crisis a secret? The answer is clear: this ?family company? has destroyed families. Those .farnilies deserve to see and hear the truth. And, MCI lacks any legitimate justi?cation 'for depriving the families it has destroyed, as well as the public atlarge, i?rom learning the truths Costner-c Wiggins, l73 F.R.D. at 229-3 0 {?TTlhere is an important public. interest at stake the health and welfare of the genera] public .I .. The public has a right to lrnow how. matters concerning their dailyr protection are heing investigated and conclude that public interest far outweighs any harm. to the [defendants] and thus, there is'no good cause to keep the documents Gm?tlenti?L?). 3? JuitJ [Jada at" Business Conduct1 dilafi?bfe or at 23. 15 Cede ei?Business Cenduet further nhligates Jail and all its te ?hsrerk with third parties 1arhc alse 1ralue and demensn'ate high, ethical standards in their 1business practices? and requires Mel?s partners is feilew 1&1 ?s Cede at Business Conduct. 2? Oklahema Legisiatcra and pclieymalters deserve te knew whether .lScJ ever did anythingte held its turn and Cephalcn (hath cenvieteti Federal criminals) respensihie er in ecmph'ance with 1&l?s Grecie and Cede cf Business Centluct. Because J86.) lacks an}: justi?able hasis fer continuing tn keep its [ire-2016 deeutnents related te epieids r"ecuEtiential,? the Stairs requests the Ceurt larder that each such cleeumeut he d'c-ticsignated at ence. A. The Subject Matter Of The Representative ?eetuueuts Is Nut Cnn?dential Even a. nursery review at truly a sample at the cleeuments has predueed inthis litigatien shew they are net eentidenti at? In l?ermatien is ?centid ential? if it centains prehihited frem disclesure by law, eentidential research, trade secrets, medical perscnal identi?catien infermatien, tars hrfermaticu, er pet'scnnelr?empleyment racer-(ls ef nennparties. The subject matter cfthedeeutncutss?Defeutlants? public ralatiens efferts, ceeperaticn and censpiring saith Eel =s eeaecnspiraters and business partners, like Purdue, Malia targeting and ram acknowledgement that Opi?id addicticn is a -?ure all matters cf severe and urgent puhlie eeneern. Similar te Purdue?s ccnt?luet regarding the ?anti-stars,? these demenstrate Defendants? ceerdinated efferts te market aphids 1a 33 Intel Cede at Business Ccnduct, erasable at at 23. 3? Again, the State has attached certain dceurnents as illustrative examples cf the types ef dDCL?nB?l?ltE that Jii?al has hascleasly designated. as eeu?ciential. The State certainly,r requests that the {faint tie?designate these sau?tple documents. Hewerer, the State? a request exceeds these representative elecun". cuts, as the State requests that the {Inert (lendesignate a_tt.' deeuments pre ducect by Jar in this matter that were created prier te 2016. it] 'lI-Jl'lf" 'ru'wmawl?ts m. rt?w-w-I-E?n n?mm- 11?11 -wt-rI- I1 -rI l'l-min-(Flam I.-c 1-: -- acquit-Ir, - These deeuments further eel}r represent a very small sample et? the types at deeument that Riel is vvreng?dlvr keeping hidden. under spurieus elainis er" ?l?hese deeurnents, aleng with the ethers dial is keeping hidden, are vitally.r impertant tn the immediate puhiie health ef Oklahoma an that the puhIie knetvs the truth regarding Defendants? aelmetvledgment ef the risks suireunding epieids and eenseieus deeisien te eentinually market the drugs despite sueh knowledge, Nene et these deeuments relate te develepment er eenunereialjratien el? en}! prudent, eentidentiai researeh, Inedieal infermatiun, tax infermatieu, er trade seerets. The eentent in the cleeumenta at issue dees net fall within the de?nitien ef ?eentidential? pursuant tn the Preteetive Order. Mereever', .Tdsl has divested. itsehc 01? its epieids business and the entities it utilized te eentrel the glehal supply chain te irapert these dangereus drugs inte Ihe 113. Thus, even if these deeuments did relate te any enmnierelallv sensitive preduet (they de net], 1ch tunes ne present eempetitive harm er by their puhlie diselesure. the [lean sheuid tie-designate each ef these deeuinents. B. Jer Cannet Establish Pal?tieularieed Harm frum the Diselesure ef Its 11115411le 2016 Deeunients, Including the Sample Deeuments Attached lierete De-designatien ef are prealulv 2U16 deeurneuts, ineiuding the sample deeuments submitted here, eeuid net pessihly eause an}? eemmereiai er ?naneial harm te Mai. As stated aheve, 11011.net" these documents relate te develepl?nent 01' eenunereialiaatiel?t (if any preduet, uen?dential researuh, med'ieal infermatien, tax infermatien, er trade seerets. hidee'd, Edd ntupert?s te ne ienger he in the epieids business at all. The mere feet that nubtie diselesure ef these deeurnents may be embarrassing er prejudieial te .ldtJ?er even subjects them te future litigatien?dees net vrairiuit een'tidential treatn-ient. This is true Where, as here, the aeti ens in the deeuments reveal Mel ?s efferts at manipulating publie epinien ahuut enieids. As the State has pI'G?ititJUSlj? urged, it is of parameunt fairness that the euhlie he afferded a ?ll] understanding et? .Tdrl?s hehind?the?seene aetivities regarding the epieid erisis. Beeause 1:52} eannet any ratienal and legitimate "huh-Mn!- I.: .1-Ir-1- I 5.: 4" 1" 1" n'_1 ImeI?Jr muml mpumm? u. mum Nu?. basis for its preuJuiy 2016 documents, including the sample documents submitted here, to remain confidential, the Court should grant the State?s Motion and order that Mel?s 2016 documents be dendesignated and non-con?dential. in sum, the public interest outweighs an}r privacy concerns by Ltd. The State?s Motion begs two pivotal questions: what is the confidential nahu?e of tie] is prev-July 2016 documents and where is the competitive harm if they were disclosed? The fact is there is no confidential information at issue and no harm (other than rightful shame} that would be suffered if the subject documents lost their con?dential designatiu'u. While these materials reveal a lot about ?5?ch legitimate confidential or proprietaryr concern is nowhere on that list. Accordingly, given the ovenvhelniing public need and interest in JestJ?s ore?July 2016 documents, the Court should strike the con?dentiality designations made by 33:1 and order that Midis pro-July 2916 documents he esltesed to the public. WHEREFGRE, the State respect??ly requests that the Court grant its Motion to De- designate Con?dential Documents and award such further relief deemed equitable andjust. Respectfully submitted, .ilitcilspR a5" Michael Humane, OBI). 1 CI Reggie Whitten, 01321 No. 9576 WHITTEN BURRAGE 512 N. Broadway Avenue, Suite 300 Dklahuma City, on 73 102 Telephone: (4'35) SJEFTSDO Facsimile: 515-7859 Emails: Mike Hunter, 4503 FOR THE STATE DELAHOW Air-lav Dillsauer, DEA No. 20675 uni-min]- ramlm' h'l'l I. ?Elli-E1:- 15' I 'lnll hum-mm. out GENER AT, CDUNSELTU 'l'HFl ATTOWEY Eth?lfl A. Shener, DEA Ne. 309145- DEPUTY GENRE AT, COUNSEL 313 H.111. 21? Street Oklaheme Ciiy, OK 73105 ?l'elephene: (405)521?3921 Faeeim?e: (405) S?lir??il? Emails: abhy.di113aver@eag.ele gen: e?mnehaneryii? eagele gnu Bradley E. Heclmrerth, DEA Me. 19982 JeL'Etey I. Angelevieh, 013A No. 19931 Trey Duek, DEA NH. 3334? Drew Pate, pm hm: vice NIX PATTERSON, LLP 512 N. Headway Avenue, Suite 200 Oklahoma City, OK T3102 Telephene: {405) Faesinzile: {405] 516-?3 59 Emails: labeekwerth@nixlaw.eem j?ngelevieh?jm?qlew. cum tduek@uixlaw.eum dpate?jl?xlaweem Glelm {ile?'ee DEA Me. 14563 GLENN COFFEE ?13 SUCIATES, PLLU 915 N, Rebinsen Ave, Uklehnme. City, DE 7?3 I Telephene: {405) 601-1616 Email: ATTORNEYS FOR PLAINT 19 .5 - a-w nun-r ?Hum .w'm m. arm-h wnn'uvm': inf-mu CERTIFICATE OF SERVICE I certify that a true and eorreet cop},I of the above and foregoing was emailed on Februarv 215.. 2319 tn: San Ferd C. {Seats Jeah?ua D. Burns CRDWE RC. Branii?t' Huiiding 324 N. Robinaon Ave, Ste. {I?tiahonra City, OK 731.02 Patrick J. Fitzgerald R. Evan Stoil SKADDE-N, ARFS, IVIEAGHFR 8.1. FLUIVI LLP 155 North Wacker Drive. Suite ETDU Chicago, Illinois 60606 Steven A. Reed Battle IV Jeremy a. Monkewita MORGAN, a. 1701 Market Street PA 19133-2921 Benjamin it. Udom John II. Sparta Mielraei Ridgeway David L. Kinney Doom, granite a: JONES HiPeint Of?ce Building 2500 MeGee Drive Ste. Oklahoma City, OK T3072 Sheila Birnbaum Mari: S. Cherie Hayden A. Coleman Paul. A. Jonathan S. Tau: Lindsay N. Zaneiio Bert L. Wolff Marina L. Schwartz LL13 Three Bryant Park H195 Avenue of Americas New York, NY Hubert E3. MeCatnpbell Nicholas Mericlev GABLEGDWAIS One Leadership Square= 15th Floor 21 1 North Robinson Oklahoma City, ENE-HS 5 Brian M. Ereeie ?5 ROCKIES LLP 200 S. Biscayne Blvd., Suite 5300 Miami. FL 33131 Chariea C. Li?and Jennifer D. Cardelua Wallace Moore Allan WTNENY a; LLP 400 3. Hope Street Lee Arrgelea, CA 9m?! 20 um mum denim-II. MIND 1'1? ml'L-mnllarhu- Mam'u. - dr- mr. harm-.14: mm mm 4. . - ..A- I -I A Stephen D. Brody David Roberts (5?6 MYERS LLP 1525 Street Washington, DC 200106 Daniel J. Franklin Ross lLialin MYERS LLP Time Square Hen.r York, NY 19036 Telephone: [212) 3262000 Robert S. Hoff WTGGIN 6?6 DANA, LLP 2-55 C'hm'oh Street New Haven, CT 0651f) Britta Erin Stanton John D. Volne}? John Thomas Cox Erie Wolf Pinker LYNN PINKER COX HURST LLP 210'!) Ross Avenue, Suite 2700 Dallas, TX 7520] Larry D. Dnaianasl Amy Sheny Fisoher FORT ART, IIUFF, 6i; BOTTOM 201 Robert S. Kort Ave, '12? Floor Oklahoma City, OK 7310?. Erie W. Snap]: Dani-mat, LL-P Suite 3400 35 West Wanker Drive Chicago, ll. (50601 Benjamin Franklin Mo?nanejr 2929 Aron Street Philadelphia, PA 19104- Amy Rileyr Lucas ?5 MYERS LLP 1999 Avenue of the Stars, 8th Floor L03 ?ngeles, California 99067 21 .w .w nou- Iva-ul-url? w- rs:- r4"- '11'1? "In 1 IIm'rn-ml In: .- - 3-. L'J'Jlnl?lr? nun-I vau- EXHIBIT {Fig.5. . r4113; . 14.5 Ianivt-li??ii? IP. I Hikes: ril?i?. -.. 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