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

Background

The National Association of Boards of Pharmacy asked the court to file under seal a pre-motion letter requesting a conference about a sanctions motion and Exhibits A and B. The filing stated that the materials described and cited documents that PharmacyChecker.com LLC had designated “Highly Confidential,” in whole or in part, under a stipulated protective order.

The identified materials were an April 30, 2025 supplemental expert report by Jonathan Hochman and an April 1, 2025 expert report by Philip J. Cross, Ph.D.

Legal standard

The request relied on the general common-law right of public access to court records. The letter explained that this right is not absolute and that courts balance the public’s interest in access against privacy interests opposing disclosure. It also cited authority recognizing that sealing may be appropriate to prevent potential harm from releasing sensitive business information or information that could affect a business’s future ability to compete.

Ruling

Judge Victoria Reznik granted the National Association of Boards of Pharmacy’s request to seal. The Clerk of Court was directed to maintain ECF No. 449 under seal and make it viewable only to “selected parties.” The Clerk was also directed to close the gavel associated with ECF No. 448. The order states that the request was granted for the reasons presented by the National Association; it does not provide a separate, extended analysis of those reasons.