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Judge Stark denies request for access to highly confidential material in related foreign proceeding

Chief Judge Leonard P. Stark recently made a ruling related to a protective order dispute in Andover Healthcare, Inc. v. 3M Company, C.A. No. 13-843-LPS, Oral Order (D. Del. June 29, 2014).  The Court denied plaintiff’s request that it be permitted to use defendant’s highly confidential information in related German proceedings. The Court explained that both German and U.S. law “provide other, appropriate mechanisms for Plaintiff to seek the relief it is requesting. Given the sensitivity to Defendant of the information Plaintiff seeks to use in Germany, and given that Plaintiff may have opportunities to present the evidence at issue to the German proceeding even after Plaintiff files a brief in Germany due June 30, it is reasonable to require Plaintiff to pursue the other mechanisms for the relief it is seeking.”

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