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

Background

Defendant National Association of Boards of Pharmacy (NABP) filed a letter motion asking to seal its clarification regarding a sanctions-related pre-motion letter and PharmacyChecker.com LLC’s response letter. NABP said that filing described or cited documents designated as highly confidential by PharmacyChecker.com, or documents still treated as confidential under the parties’ protective order because the period for designating certain deposition transcripts had not expired.

The materials identified in the request included an April 1, 2025 expert report by Philip J. Cross, Ph.D., and excerpts from Jonathan Hochman’s June 9, 2025 deposition.

Legal Standard

The court recognized that the public generally has a common-law right to access court records and proceedings, but that the right is not absolute. The court may restrict access when the privacy or business interests supporting confidentiality outweigh the public’s interest in access. The opinion specifically recognized protection of sensitive business information and information that could harm a company’s future ability to compete.

Ruling

The court granted NABP’s request to seal. The Clerk of Court was directed to maintain ECF No. 479 under seal and make it viewable only to selected parties. The Clerk was also directed to close the gavel associated with ECF No. 477.

The supplied case metadata identifies Kenneth Karas as the judge, but the opinion text contains a letter addressed to Victoria Reznik and an order signature that appears to identify a different judge. The judge information should be reviewed against the original filing.