PharmacyChecker.com LLC v. National Association of Boards of Pharmacy

Background

The National Association of Boards of Pharmacy asked to file three sets of papers under seal: its pre-motion letter concerning summary judgment and accompanying exhibits; its pre-motion letter seeking to exclude the expert opinion of Dr. Philip Cross and accompanying exhibits; and its pre-motion letter seeking to exclude the expert opinion of Dr. Jonathan Hochman and accompanying exhibits.

Reason for Sealing Request

The defendant stated that the papers described or cited documents designated by PharmacyChecker.com LLC as “Confidential,” “Highly Confidential,” or “Outside Counsel Eyes Only” under the parties’ stipulated protective order. Some deposition transcripts were also temporarily treated as “Outside Counsel Eyes Only” because the period for designating them had not expired. The listed materials included expert reports, deposition excerpts, and rebuttal expert reports.

The request discussed the general public-access right for court records and the court’s ability to protect sensitive business information. It argued that the materials should remain sealed because they contained information covered by the protective order.

Ruling

Judge Kenneth M. Karas granted all sealing requests. The order addressed only the filing of the specified papers under seal; it did not decide the merits of the case, the summary-judgment issues, or the requests to exclude expert opinions.