LeGrand v. Abbott Laboratories

Background

Condalisa LeGrand brought a putative class action against Abbott Laboratories, alleging that certain statements on Abbott’s Ensure nutrition-drink labels are false and misleading. Abbott filed an administrative motion under Civil Local Rule 79-5 asking whether material designated as confidential by LeGrand should be filed under seal. The motion concerned portions of two documents: a declaration exhibit containing LeGrand’s deposition and an exhibit containing Abbott’s motion to dismiss under Federal Rule of Civil Procedure 12(h)(3).

Legal standard

The court explained that judicial records are generally presumed open to the public. Because the materials were filed in connection with a motion to dismiss and were more than tangentially related to the case’s merits, Abbott had to satisfy the “compelling reasons” standard. That standard requires specific reasons showing that the interests supporting secrecy outweigh the public’s interest in access. Civil Local Rule 79-5 also required the party that designated the material as confidential—in this case, LeGrand—to file, within seven days, a statement or declaration identifying the interests supporting sealing, the injury that would result from disclosure, and why a less restrictive alternative would not suffice.

Ruling

LeGrand did not file the required statement or declaration within seven days. The court therefore denied Abbott’s administrative motion to seal the identified exhibits and directed Abbott to file the materials in the public record within four days from the date of the order. Judge Thomas S. Hixson’s order ruled on the sealing request; it did not decide the merits of LeGrand’s claims or Abbott’s motion to dismiss.