United States of America et al. v. LABQ Clinical Diagnostics, LLC et al.

Background

This order resolves the motions to seal at Dkt. Nos. 743, 763, and 767, along with the defendants’ letter motion for permission to file unredacted motion papers at Dkt. No. 784. The court explained that judicial documents are generally presumed to be available to the public under both the common law and the First Amendment. It also noted that courts have repeatedly found sealing improper when the information at issue is already public.

The court had previously decided, on its own initiative, that the privacy interests of the judge’s family related to the defendants’ motion to change venue and alternative request for judicial disqualification were outweighed by the public interest in understanding those motions and the court’s decision that neither a venue change nor recusal was warranted. The court stated that it had publicly disclosed visits by the judge and members of the judge’s family to LABQ facilities, including the dates, during argument and in an earlier opinion in this case.

Rulings

The court ordered Dkt. Nos. 708, 744, 744-1, and 744-2 unsealed. It identified the testing-site locations in Dkt. Nos. 709, 709-1, and 764 as the only category of information that arguably justified continued sealing because of possible personal-safety and privacy concerns. The court also found that those locations did not appear relevant to the alleged partiality issue or to understanding the court’s decision.

The defendants were ordered to show cause—meaning to explain to the court—by November 21, 2025, why the testing-site information should not be unsealed. If the defendants did not file an explanation by that date, the court stated that it would direct the documents to be filed with addresses redacted and all other redactions removed. The Clerk of Court was directed to unseal Dkt. Nos. 708, 744, 744-1, and 744-2 and to close Dkt. Nos. 743, 763, 767, and 784.