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

Background

The defendants asked the court to conditionally seal materials filed in connection with two motions: their joint motion for summary judgment on PharmacyChecker.com LLC’s claim under Section 1 of the Sherman Act, and their motion to exclude the expert testimony of Benjamin England, Esq. The requested materials included the defendants’ legal briefs, statement of material facts, and specified exhibits.

The defendants said the materials contained information that PharmacyChecker.com LLC had designated as confidential, highly confidential, or available only to outside counsel under the parties’ stipulated protective order. The order explained that judicial records generally carry a presumption of public access, although that presumption is not absolute. Courts consider whether the material is a judicial document, the strength of the public-access interest, and whether competing interests outweigh that interest.

Ruling

Judge Kenneth M. Karas granted the National Association of Boards of Pharmacy’s motion to conditionally seal the referenced materials. The order did not rule on the merits of the summary-judgment motion or the motion to exclude expert testimony. It stated that PharmacyChecker.com LLC’s motion to permanently seal these materials, and any other materials filed with the parties’ summary-judgment briefing, would be due after the defendants’ summary-judgment motion was fully briefed.