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

Background

PharmacyChecker.com LLC asked to permanently seal materials that had previously been conditionally sealed. The materials were connected to summary-judgment proceedings and a motion to strike in this antitrust case. The request covered:

- Defendants’ joint opposition to PharmacyChecker.com’s motion to strike portions of defendants’ summary-judgment submissions, identified as Dkt. 292; - DX 123 to a declaration supporting defendants’ opposition to the motion to strike, identified as Dkt. 292-1; and - The amended and supplemental declaration of Gabriel Levitt supporting PharmacyChecker.com’s opposition to defendants’ joint motion for summary judgment on its Sherman Act Section 1 claim, identified as Dkt. 296.

PharmacyChecker.com said the materials contained confidential operational, marketing, financial, pricing, customer, and contractual information. It argued that disclosure could harm its competitive position and affect the privacy interests of nonparty accredited pharmacies.

Court’s Action

The court’s endorsement states: “The Court grants Plaintiff’s request to permanently seal the conditionally sealed materials at Dkt. No. 296.” The court also stated that PharmacyChecker.com had failed to provide proposed redactions for Dkt. Nos. 292 and 291-1. It ordered PharmacyChecker.com to propose redactions for those documents by October 18, 2022.

The provided text does not state that the court permanently sealed Dkts. 292 and 291-1 or that it denied the request as to those documents. Instead, it sets a deadline for proposed redactions.

Classification and Significance

This is a procedural order concerning access to court filings, not a decision on the antitrust claims or the parties’ summary-judgment arguments. The ruling permanently sealed Dkt. 296 and required further action concerning Dkts. 292 and 291-1. Judge Kenneth M. Karas did not, in the provided text, decide the underlying Sherman Act Section 1 dispute.