Skanska USA Building Inc. v. Regeneron Pharmaceuticals Inc.

Background

Regeneron asked the court for permission to file Exhibits 2 and 3 under seal in connection with Skanska’s anticipated request for a conference about Skanska’s request for certain human-resources complaints concerning a Regeneron witness. Regeneron also sought to file a redacted version of its letter, removing summaries of and excerpts from Exhibit 3 and references to Exhibit 2.

The materials concerned internal human-resources issues involving Regeneron employees who were not parties to the case. Exhibit 2 included deposition testimony about those issues, and Exhibit 3 included related information.

Court’s Analysis

The court applied the common-law presumption of public access to judicial documents and weighed that presumption against privacy interests. It explained that the presumption is generally lower for filings connected to discovery disputes than for materials introduced at trial or submitted with motions seeking to end a case.

The court found that Exhibit 3 contained information carrying a stigma and potential for embarrassment, including allegations and investigations that had not resulted in employment actions. It also found that the possible embarrassment or harm to the nonparty employees outweighed the public interest in disclosure.

Ruling

Judge Philip M. Halpern granted the application. The unredacted document, Doc. 154, must remain under seal, and the redacted document, Doc. 153, remains the publicly filed version. The order addressed access to the filings and did not resolve the underlying discovery dispute.