Red Mountain Medical Holdings, Inc. v. Brill, M.D.

Background

Red Mountain Medical Holdings, Inc., formerly known as CDx Diagnostics, Inc., wrote to the court regarding exhibits attached to its opposition to defendants’ request for permission to file a summary-judgment motion. The exhibits included documents produced by parties and a third party, as well as excerpts from deposition transcripts. The materials had been designated confidential in the case.

A stipulated protective order allowed a party to request that confidential material be filed under seal when redacting only the confidential portions would be significantly impractical and likely unduly burdensome for the court. Red Mountain said the entire documents and deposition transcripts had been designated confidential and that redactions therefore would be impractical. It also stated that it did not believe the materials met the usual standard for sealing but wanted to comply with the protective order and protect third parties that had produced documents under its terms.

Request

Red Mountain asked the court to seal Exhibits 1 through 29 during the case or until the court determined that sealing was no longer necessary. It stated that the court’s electronic filing help desk had placed the exhibits under seal on an emergency basis.

Ruling

Judge Naomi Reice Buchwald granted the request to seal for the limited purpose of the premotion letter referenced in the request. The order did not address the merits of the underlying dispute or decide whether the defendants should be allowed to file a summary-judgment motion.