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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
PUBLIC HEALTH AND MEDICAL
PROF ESSIONALS FOR TRANSPARENCY ,
Plaintiff,
v.
FOOD AND DRUG ADMINISTRATION ,
Defendant.
No. 4:21-cv-1058 -P
v.
PFIZER , INC.,
Movant.
ORDER
Before the Court is Movant Pfizer, Inc .’s Motion to Intervene for a
Limited Purpose (“Motion”) . ECF No. 40. On J anuary 2 8, 2022, the
Court held a hearing on the M otion , where Pfizer represented that their
interests in the litigation are currently aligned with Plain tiff and
Defenda nt. To that end , Pfizer seeks, like Plaintiff and Defendant , the
expeditious production of the requested docu ments .
Pfize r also (correctly) recogn izes tha t the Parties ’ currently aligned
interest s could potentially diverge. For instance, the Parties could
disagree about which document s, or portions of documents , should or
should not be redacted prio r to pro duction . Accordingly , Pfizer seeks to
interven e because thei r interes ts might not be adequately repres ented
by either Plaintiff or Defen dant in the future . See, e.g. , Wal-Mart Stores,
Inc. v. Tex . Alcoholic Beverage Comm ’n, 834 F.3d 562 (5th Cir. 2016) ;
Entergy Gu lf States La., L.L.C. v. E PA, 817 F.3d 1 98 (5th Cir. 2016) ;
Texas v. United States , 805 F.3d 653 (5th Cir. 2015) . Case 4:21-cv-01058-P Document 57 Filed 02/07/22 Page 1 of 2 PageID 2151Case 4:21-cv-01058-P Document 57 Filed 02/07/22 Page 1 of 2 PageID 2151
2
The Court , however, concludes that it will defer ruling on the Motion
until a conflict is imminent or has , in fact, manifested . The Court will
therefore hold Pfizer’s Motion in ABEYANC E. Pfizer is INSTRUCTED
to file a concise Notice with the Court if a conflict is imminent or has, in
fact, manifested .
SO ORDERED on this 7th day of February , 2022 .
Mark T. Pittman
UNITED STATES DISTRICT JUDGE
Case 4:21-cv-01058-P Document 57 Filed 02/07/22 Page 2 of 2 PageID 2152Case 4:21-cv-01058-P Document 57 Filed 02/07/22 Page 2 of 2 PageID 2152