Richards Layton & Finger
 

Judge Sleet Appoints Special Master to Hear Protective Order Dispute

November 13, 2017

In Orexo AB v. Actavis Elizabeth LLC, C.A. No. 17-205-GMS (D. Del. Oct. 10, 2017), in response to the defendants’ motion to strike or dismiss the complaint, Judge Sleet appointed a special master to hear the defendants’ allegation that the plaintiffs had misused confidential information in preparing their case. The Court selected Judge Charles H. Toliver, IV, a member of the District of Delaware’s Panel of Special Masters in Complex Civil Cases, to prepare a report regarding whether the plaintiffs had improperly used confidential information obtained in a separate litigation, whether the defendants had proven that the protective order from that litigation had been violated, and to specifically identify the alleged violation. The parties were ordered to provide documents to the special master for review (which could be submitted in camera and without waiver of privilege, if appropriate), including the information that the plaintiffs relied upon to prepare the complaint.

Key Point: Although the Court appointed a special master to assist in the determination of whether a protective order violation had occurred in the preparation of this action, the Court still directed that this litigation should move forward concurrently with the special master proceedings.