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

Background

PharmacyChecker.com LLC moved to conditionally seal materials filed in opposition to the defendants’ joint motion for summary judgment on its claim under Section 1 of the Sherman Act. The materials included PharmacyChecker.com’s opposition memorandum, its statement of material facts, specified exhibits, and the declaration of Gabriel Levitt.

PharmacyChecker.com stated that the materials contained information designated as confidential or “Outside Counsel Eyes Only” under the parties’ stipulated protective order. The letter also stated that the party designating information as protected was responsible for later filing a motion to permanently seal it.

Court’s Analysis

The court noted that judicial documents generally carry a presumptive right of public access, although that right is not absolute. It referred to the required considerations: whether the material is a judicial document, the strength of the public-access presumption, and whether countervailing factors or higher values outweigh that presumption. The court concluded that conditional sealing was appropriate here, citing the presence of highly proprietary business material.

Ruling

Judge Kenneth M. Karas granted PharmacyChecker.com’s motion to conditionally seal the identified materials. The court stated that PharmacyChecker.com’s motion to permanently seal those materials, along with any other materials filed with the parties’ summary-judgment briefing, would be due once the defendants’ summary-judgment motion was fully briefed.